Iowa Admin. Code r. 161-8.47

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 161-8.47 - Sex as a bona fide occupational qualification

The bona fide occupational qualification exception as to sex is strictly and narrowly construed. Labels-"men's jobs" and "women's jobs"-tend to unnecessarily deny employment opportunities to one sex or the other.

(1) The following situations do not warrant a bona fide occupational qualification exception:

a. The refusal to hire an individual because of gender, based on assumptions of the comparative employment characteristics of that gender in general;

b. The refusal to hire an individual based on stereotypical characterizations of the sexes, for example, that men are less capable of assembling intricate equipment or that women are less capable of aggressive sales work. The principle of nondiscrimination requires that individuals be considered on the basis of individual capacities and not on the basis of any characteristics generally attributed to the group;

c. The refusal to hire an individual because of the preferences of coworkers, the employer, clients or customers, except as covered specifically in 8.47(2).

(2) Where it is necessary for the purpose of authenticity or genuineness, sex is a bona fide occupational qualification, e.g., an actor or actress.

Iowa Admin. Code r. 161-8.47

ARC 8736B, lAB 5/5/10, effective 6/9/10