The Constitution, the Labor Code, and RA No. 7277 or the Magna Carta for Disabled Persons contain provisions similar to BFOQ.
Argument that BFOQ is a statutory defense must
fail Meiorin Test (US jurisprudence) in determining whether an employment policy is justified: (1) the employer must show that it adopted the standard for a purpose rationally connected to the performance of the job; 2) the employer must establish that the standard is reasonably necessary to the accomplishment of that work- related purpose; and (3) the employer must establish that the standard is reasonably necessary in order to accomplish the legitimate work-related purpose.
In Star Paper Corporation v. Simbol, this Court held that
in order to justify a BFOQ, the employer must prove: (1) the employment qualification is reasonably related to the essential operation of the job involved; and (2) that there is factual basis for believing that all or substantially all persons meeting the qualification would be unable to properly perform the duties of the job. In short, the test of reasonableness of the company policy is used because it is parallel to BFOQ. BFOQ is valid “provided it reflects an inherent quality reasonably necessary for satisfactory job performance.” The weight standards of PAL are reasonable. A common carrier, from the nature of its business and for reasons of