Employers aren't required to obtain the exemption, but without it they have the burden of establishing that the BFOQ is reasonably necessary to normal business operations. Fair employment practices law: Employers can't discriminate based on race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, or ancestry; a present or past history of mental, intellectual, learning, or physical disabilities, including blindness; or veteran status. Employers can observe the terms of bona fide seniority systems or bona fide employee benefit plans (such as retirement, pension, or insurance plans) that aren't a subterfuge for evading the disability discrimination prohibitions; however, these plans can't be used as an excuse for failing to hire any applicant. Establish, announce or follow a policy of denying or limiting any group's employment opportunities based on protected status (for example, through quotas). The opportunity to obtain employment without discrimination—based on race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, disability, liability for service in the U.S. armed forces, nationality, sex, or gender identity or expression—is considered a civil right. If a BFOQ applies, pre-employment inquiries must be accompanied by a written explanation of their purpose. BFOQs have limited scope and application, and are permitted only when employers can prove a factual basis for believing that all or substantially all members of a protected class would be unable to safely and efficiently perform the job duties; otherwise applicants only can be excluded upon showing that they are unable to perform the job. Pre-employment inquiries for discriminatory purposes are prohibited and can be evidence of unlawful discrimination when connected to protected classes, unless they are based on a BFOQ. Specifically, employers can't: Employers can discriminate based on bona fide occupational qualifications or as otherwise permitted. Specifically, they can't fail or refuse to hire, discharge or discriminate in compensation or terms, conditions and privileges of employment. Specifically, they cannot discharge or discriminate in hiring, training, apprenticeships, tenure, promotions, upgrading, compensation, layoffs or terms and conditions of employment. Employers can defend against complaints of such discrimination by establishing that: Discrimination means refusing to employ, barring from employment, or discriminating in compensation or terms, conditions, and privileges of employment. Assumptions about the general employment characteristics of those protected classes (for example, higher turnover rates); Stereotyped characteristics of those protected classes (for example, mechanical ability or aggressiveness); Customer, client, co-worker or employer preferences and history, tradition or custom. Separate provisions apply to discrimination based on arrest and conviction information and the use of a service animal. Several federal and state laws protect people against many types of discrimination in employment. Specifically, employers can't refuse to hire or employ; bar or discharge from employment; segregate or separate; or discriminate in compensation or terms, conditions, and privileges of employment. The EEOC states that majority of people who experience sexual … Discriminate against employees and applicants based on their association with anyone who is a member of a protected class. 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