SECTION 335:15-11-6. Age as a bona fide occupational qualification

(a)   Whether occupational qualifications will be deemed to be "bona fide" to a specific job and "reasonably necessary to the normal operation of the particular business," will be determined on the basis of all the pertinent facts surrounding each particular situation. It is anticipated that this concept of a bona fide occupational qualification will have limited scope and application. Further, as this is an exception to the Act, it must be narrowly construed.

(b)   An employer asserting a BFOQ defense has the burden of proving that:

(1)   The age limit is reasonably necessary to the essence of the business, and either

(2)   That all or substantially all individuals excluded from the job involved are in fact disqualified, or

(3)   That some of the individuals so excluded possess a disqualifying trait that cannot be ascertained except by reference to age.

(c)   If the employer's objective in asserting a BFOQ is the goal of public safety, the employer must prove that the challenged practice does indeed effectuate that goal and that there is no acceptable alternative which would better advance it, or equally advance it with less discriminatory impact.

(d)   If the state or local municipality has enacted an ordinance or administrative regulation which limits employment opportunities based on age, these ordinances or regulations must meet the standards for the establishment of a valid bona fide occupational qualification under section 1303 of the Act or they will be considered in conflict with and effectively superseded by Title 25, Oklahoma Statutes Section 1101 et seq.