A Quantitative Analysis of Bona Fide Occupational Qualification

A Correlational Study of Exceptions to Gender-Based Employment Law

Abstract

This study explored and described the increase in litigation cases of service employees and prospective employees accusing their employers of discriminatory workplace policies. A concept known as the bona fide occupational qualification (BFOQ) defense is recognized as a statutory defense enacted by Congress, enabling employers to intentionally exclude individuals from employment opportunities based on age, religion, sex, pregnancy, or national origin (Cavico & Mujtaba, 2008; EEOC, 2020). The purpose of this study was to examine the correlation between customer preferences and gender-based bona fide occupational qualification hiring in service-based industries. The framework used for this research was based on Vroom’s expectancy theory, which proposes that an individual’s behavior is based on selecting rationally from a range of possible substitutes (Vroom, 1964). Using a quantitative correlational design, data were collected from 300 participants using two online surveys. The study included five research questions focused on the results of two statistical tests measuring survey scales to determine if one could reasonably assume that a customer’s preference for one gender over another influences gender-based hiring practices in multiple job categories. The findings of this study showed that customers do have gender preferences that vary by job category. The detailed information about these variances and their relative strengths could help human resource managers recognize the need to develop policies and practices that incorporate the preferences of customers to improve their bottom line.