Iowa Administrative Code
Agency 161 - Civil Rights Commission
Chapter 8 - Discrimination in Employment
Rule 161-8.47 - Sex as a Bona Fide Occupational Qualification
Universal Citation: IA Admin Code 161-8.47
Current through Register Vol. 47, No. 13, December 25, 2024
The bona fide occupational qualification exception as to sex is strictly and narrowly construed. Labels-"men's jobs" and "women's jobs"-tend to unnecessarily deny employment opportunities to one sex or the other.
(1) The following situations do not warrant a bona fide occupational qualification exception:
a. The refusal to hire an individual because
of gender, based on assumptions of the comparative employment characteristics
of that gender in general;
b. The
refusal to hire an individual based on stereotypical characterizations of the
sexes, for example, that men are less capable of assembling intricate equipment
or that women are less capable of aggressive sales work. The principle of
nondiscrimination requires that individuals be considered on the basis of
individual capacities and not on the basis of any characteristics generally
attributed to the group;
c. The
refusal to hire an individual because of the preferences of coworkers, the
employer, clients or customers, except as covered specifically in
8.47(2).
(2) Where it is necessary for the purpose of authenticity or genuineness, sex is a bona fide occupational qualification, e.g., an actor or actress.
Disclaimer: These regulations may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
