Bona fide occupational qualification determination (Repealed)

(a) The commission may permit an agency to dispense with a goal otherwise required under Sections 46a-68-31 through 46a-68-74, inclusive, if the agency responsible for the determination of job qualifications proves that, because of a bona fide occupational qualification or need, all members of the class so excluded are unable to perform safely and efficiently the duties of the job involved. Absent such a showing, no person may be discriminated against, except upon a demonstration of individual incapacity. (b) An agency may make application to the commission for a bona fide occupational qualification determination. Applications shall be addressed to the chairperson of the commission and shall contain a description and analysis of the job in question and recite the number of persons so employed or authorized to be employed in the office, position or position classification involved. Applications shall also include a statement demonstrating that all persons outside the designated class are unable to perform the duties of the job for which the application is made, together with evidence in support thereof. Reference may be made to guidelines, regulations, laws, administrative determinations, court decisions or any other relevant, supportive materials. The commission may request whatever additional information it deems necessary to decide the question. (c) For the purposes of these regulations, the commission may approve a bona fide occupational qualification application only by a majority vote of its members present and voting. The application shall not be approved if based upon, but not limited to: (1) assumptions of the comparative general employment characteristics of persons of a particular group, such as turnover rate; (2) stereotyped characteristics of any group, such as their mechanical ability, figure aptitude or aggressiveness; (3) Customer, client, co-worker or employer preference; (4) historical usage, tradition or custom; or (5) the necessity of providing separate facilities of a personal nature, such as rest rooms or dressing rooms. (d) The approval or disapproval of a bona fide occupational qualification application is made without prejudice to the right of an agency to make reapplication or of the commission to reconsider its determination where justice or the public interest requires. Furthermore, approval or disapproval of an application shall not bar the filing of a discriminatory practice complaint by any person against the agency seeking a determination by the commission, although the agency may assert a bona fide occupational qualification or need as an affirmative defense. Where such a defense is raised, the commission may grant such weight as appropriate under the circumstances to a prior determination by the commission.