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Q. Are there any circumstances in which age discrimination by an employer is
allowed?

A. Yes. If the employer can prove that age is a bona fide occupational qualification
(BFOQ), discrimination is allowed. One obvious example of age as a BFOQ is a part in a
movie requiring a child actor. The possibility of age as a BFOQ is most likely to arise in
jobs directly involving public safety or public transportation personnel. However, the
BFOQ exception is rare, difficult to prove, and the burden of proof is on the employer.
The employer must show: first, that the job qualifications are reasonably necessary to the
essence of the employer's business; and second, that substantially all persons over the age
limit cannot perform the job safely and efficiently, or that it is impossible or highly
impractical to assess fitness on an individualized basis.