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The courts recognize three grounds for establishing BFOQs:- Authenticity: - Beyond acting and modeling roles, preferences in hiring people of "like faith" may be acceptable BFOQs for religious organizations. To be acceptable, the organization must be primarily religious, not secular. EEOC and courts consider: - Whether it is affiliated or supported by a church - Whether its primary function is religious - Whether it is a non-profit organization- Public Safety - Same sex guards in a prison - Public safety grounds are generally established for age or gender based on evidence that there is a safety risk in employing older individuals or members of a specific gender.- Privacy - Protect the bodily privacy interests of customers from opposite sex.
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