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Bona Fide Occupational Qualification (BFOQ)

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Application for Bona Fide Occupational Qualification (BFOQ)

Ohio Revised Code, Chapter 4112.02

Any person or entity may apply in writing for a bona fide occupational qualification (BFOQ). The application must contain:

  • A list of the specific job classifications which are the subject of the application,
  • A full statement of the facts giving rise to the application,
  • A legal memorandum in support of the application containing appropriate citations, and
  • Supporting evidence, including affidavits and other documentation, which the applicant believes justifies the approval of the application.

Once the application has been submitted, the commission may consider the application at its regularly scheduled meeting and make one of the following determinations:

  • Grant or deny the application; or
  • Refer the application to the commission staff for further investigation; or
  • Refer the matter to an administrative law judge to conduct a public hearing on the application consistent with rule 4112-3-07 of the Ohio Administrative Code.

If the commission refers the application to the commission staff for further investigation or to the administrative law judge to conduct a public hearing, an investigative report or the administrative law judge’s report shall be prepared and submitted to the commission. The commission as soon as practical upon receipt of the report shall consider the application and may grant or deny the application for BFOQ.

The denial of the BFOQ does not preclude asserting BFOQ as a defense of a charge of discrimination at any subsequent public hearing concerning issues related to the application of BFOQ.

Denial of a BFOQ request shall not be deemed as a final appealable order of the commission.

If a BFOQ is granted, it shall expire after two years, unless there has been an application for an extension, which was granted by the commission.