3eb5464e_ersity_of_New_York_at_Fredonia__Inquiries_that_must_be_Avoided
[Subject] Sex [Permissible Inquiries] Inquiry as to sex or restriction of employment to one sex is permissible only where a bona fide occupational qualification exists. (This BFOQ exception is interpreted very narrowly by the courts and EEOC.) The burden of proof rests on the employer to prove that the BFOQ does exist and that all members of the affected class are incapable of performing the job.
Sex of applicant. Any other inquiry that would indicate sex. Sex is not a BFOQ because a job involves physical labor (such as heavy lifting) beyond the capacity of some women, nor can employment be restricted just because the job is traditionally labeled men's work or women's work. Sex cannot be used as a factor for determining whether an applicant will be satisfied in a particular job. Avoid questions concerning applicant's height or weight unless you can prove they are necessary requirements for the job to be performed.
Inquiry Guide - Human Resources, SUNY Fredonia | State University of New York at Fredonia
Inquiries that must be Avoided