DoDEA

Sex Discrimination

Any practice or policy which results in differential treatment of an individual because of his or her gender.

Sex Discrimination at work

Showing favoritism toward or bias against any worker because of gender.

Bona fide Occupational Qualification

An exception to the requirement of equal treatment without regard to sex is permissible only if gender is a bona fide occupational qualification (BFOQ), which means sex, is necessary for authenticity, genuineness, or the normal operation of the job (wet nurse).

Except in specific examples, one may assume that gender is not a BFOQ.

An employer cannot claim that only a man can be hired as a department head because the employer believes employees take direction better from a man, or that only a woman can be hired as a flight attendant because the employer thinks the public expects a woman in that job.