WAC 162-22-070     Bona fide occupational qualification.

     (1) The special rules in this section supplement the general rules on bona fide occupational qualification in WAC 162-16-020, 162-16-030, and 162-16-040.

     (2) No bona fide occupational qualification question is raised by preferential treatment of disabled persons, since such treatment is not an unfair practice. See WAC 162-22-060.

     (3) A bona fide occupational qualification differs from the statutory requirement that the disabled individual be able to properly perform the job. The determination of ability to do the job is made on an individual basis, for each person for each job. A bona fide occupational qualification is a requirement that must be met by all persons whether or not they can do the job. Ability to do the job is part of the definition of disability discrimination; a bona fide occupational qualification is an exception to the rule of nondiscrimination because of disability.

     (4) The following job requirements are bona fide occupational qualifications:

          (a) Any specific requirement set out in a statute of the United States or the state of Washington, or an authorized regulation of an agency of the United States government.

          (b) Any specific requirement set out in an authorized regulation of an agency of the state of Washington, or in an ordinance, authorized rule, or other official act of a unit of local government of the state of Washington, unless the human rights commission finds that the state or local requirement is not consistent with the law against discrimination.

     (5) The following are not bona fide occupational qualifications:

          (a) Preferences or objections of co-workers, the employer, clients, or customers.

          (b) Physical obstacles or inadequacies at work facilities that reasonably can be corrected as provided in WAC 162-22-080.

[Statutory Authority: RCW 49.60.120(3) and 1997 c 271. 98-08-035, 162-22-070, filed 3/23/98, effective 4/23/98; Order 23, 162-22-070, filed 7/21/75.]