Q: Can I use desired character traits as a defense to employment discrimination allegations?
Let's say a woman comes into my business for a job interview and I'm looking for somebody with particular character traits that I would consider important in the maintenance of my workplace culture. If the woman in question gives an answer or performs an action that contradicts this preference and I proceed to hire a man who is less qualified on paper but displays these characteristics, would I be able to use this as a valid defense? Would these characteristics have to necessarily fall under a Bona Fide occupational qualification? Presume that this woman, otherwise, is entirely qualified for the position.
A: Yes. You could use it as a defense unless there is an improper reason underlying the selection of the male. What you have described is a legitimate reason.
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