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Reply to "Is is illegal for a job to specify a candidate's sex?"
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[quote=Anonymous]Is 'Only Male Applicants Need Apply' Legal? http://www.hreonline.com/HRE/view/story.jhtml?id=534354558 "The Act does, however, provide a singular exception to this rule by permitting job advertisements or postings limiting applicants to a certain religion, national origin or sex if it can be demonstrated that such a designation is a bona fide occupational qualification ("BFOQ") for the job or position in question (note that race or color may never constitute a justified basis for restrictive hiring under Title VII). One area of employment where courts have found sex to constitute a BFOQ within certain, limited factual contexts is healthcare. See, e.g., Veleanu v. Beth Isr. Med. Ctr., 2000 U.S. Dist. LEXIS 13948, at *23 (S.D.N.Y. Sept. 25, 2000) (finding that "healthcare presents unique circumstances that may justify reasonable efforts to accommodate a patient's expression of preference of doctor by gender"). However, the employer carries the burden of proving the existence of a BFOQ, and courts have long construed the BFOQ exception exceptionally narrowly." [/quote]
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