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Bona fide occupational qualification

I work for a county govenment agency in washington state. they have gender specific positions on each of three shifts. they have never gone thru a BFOQ process. Managements view is that because the shifts are negotiated. that they are not rquired to go thru the process. they say it was negotiated with the Union. I have been told however that the Union cannot negotiate away basic civil rights and the Union could be liable for trying to do so. Our Union executive board is trying to determine what to do. any guidance would be helpful.

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Attorney answers (1)

Reputation Level 11
I would be surprised if your Union executive board did not have a lawyer -- if they do not, they should immediatey contact legal counsel. If you are not on the board, but a member, you should contact outside employment counsel. More information would be required, but as a general rule gender is NOT a BFOQ.

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