Under
42 U.S.C. §2000e-2(e)(1), it is generally not an “unlawful employment practice” for an employer, an employment agency, a labor organization, or a training program to base an employment decision on an individual’s protected
class “where religion, sex, or national origin is a
bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise[.]”
Under
42 U.S.C. §§2000e-2(e)(2), a similar “qualification”
exception exists for schools, colleges, and other educational institutions as it relates to religion.
American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006
