Should the BFOQ exception still exist? Because permitting discrimination under Title VII seems fundamentally contrary to the anti-discrimination purpose of the statute, this article questions whether the BFOQ defense is consistent with the aims of Title VII or whether, in actuality, the defense undermines the Act's effectiveness by providing a loophole for employers to participate in the discriminatory practices Title VII seeks to forbid.
The BFOQ Defense: Title VII’s Concession to Gender Discrimination,
16 Duke Journal of Gender Law & Policy
Available at: http://scholarship.law.duke.edu/djglp/vol16/iss1/6