goal and that there is no acceptable alternative which would better advance it or equally advance it with less discriminatory impact. The Court made it clear that the BFOQ defense is an affirmative defense; the burden of Criswell establishing its elements is on the defendant.
goal and that there is no acceptable alternative which would better advance it or equally advance it with less discriminatory impact. The Criswell Court made it clear that the BFOQ defense is an affirmative defense; the burden of establishing its elements is on the defendant.
8_Chap_8_2017_October.docx