Bona fide occupational requirement (BFOR)

A BFOR is a job requirement that excludes some people on a protected ground but is allowed because it is truly necessary to do the job safely and well.

Also called: BFOR, bona fide occupational qualification, BFOQ, reasonable and bona fide qualification

What bona fide occupational requirement (BFOR) means

A bona fide occupational requirement (BFOR) is a job requirement that would normally count as discrimination under human rights law, but is allowed because it is genuinely needed for the job. "Bona fide" means "in good faith". Ontario's Human Rights Code uses the similar phrase "reasonable and bona fide qualification".

It is a defence, not a loophole. If a requirement screens people out because of a protected ground, such as age, disability, religion or a record of offences, it is up to you as the employer to show that the requirement is truly connected to the job and necessary. Saying it is your preference, or that it has always been done that way, is not enough.

Examples that can qualify: a valid driver's licence and a reasonable driving record for a delivery driver, or certain physical abilities for a job that really needs them. Ontario's human rights commission gives the example of a bus driver with serious or repeated driving convictions.

How it works

Start with the duty, not the person. Ask what the job actually involves, how often, and what happens if it is done badly. A requirement should be tied to a real task in the job description, not to a general picture of the ideal worker.

Check whether the requirement is truly necessary. Could the result be reached another way? For example, instead of "must lift 25 kg alone", could two people lift together, or could you use a cart? Human rights bodies expect employers to look at alternatives and at whether the person could do the job with accommodation.

Test the person against the requirement, not against assumptions. Instead of asking about health, describe the real duty and ask whether the person can do it, with or without accommodation. Instead of excluding anyone with a criminal record, look at whether a specific conviction relates to the specific job. In British Columbia, the employer must show that a criminal conviction is related to the job.

Write it down. Record why you set each requirement, especially ones that might exclude people on a protected ground, and keep your hiring notes. If someone complains, that record is what you will rely on.

Is it the same in every province?

The idea of a genuine job requirement is used in human rights law across Canada, though the wording differs (for example, Ontario's "reasonable and bona fide qualification"). Federally regulated employers are covered by the Canadian Human Rights Act instead of provincial law.

Example: A moving company reviews its lifting rule

Arjun runs a 10-person moving company in Surrey, British Columbia. His job posting for movers says "must be able to lift 45 kg". An applicant who uses a back brace asks whether that is a strict requirement.

Arjun looks at the work. His crews always lift heavy furniture in pairs and use dollies and straps, so no one lifts 45 kg alone. He changes the requirement to "able to carry furniture with a partner and use moving equipment, with or without accommodation", and interviews the applicant on that basis.

Job descriptions in Staffkin

Staffkin's job description templates help you list the real duties of a job, so each requirement you set can be tied to a task.

See the job description templates

Free tools and guides for this

Questions about bona fide occupational requirement (BFOR)

What is an example of a bona fide occupational requirement?

A valid driver's licence and reasonable driving record for a driving job. Ontario's human rights commission gives the example of a bus driver with serious or repeated driving convictions.

Who has to prove a requirement is a BFOR?

The employer. If a requirement excludes people on a protected ground, you must show it is connected to and necessary for the job.

Can a criminal record be a valid job requirement?

Sometimes, if the conviction is connected to the job. Ontario allows a reasonable and bona fide qualification as an exception for record of offences, and in British Columbia the employer must show the conviction is related to the job.

Does a BFOR remove the duty to accommodate?

No. You still need to look at whether the person could meet the job's real needs with accommodation.

Official sources

General information for Canadian employers, not legal advice. Rules differ by province and territory and change over time, so check with your provincial employment standards office (or the federal Labour Program if you are federally regulated) before you rely on it. See employment standards by province.

Checked against official sources on 4 November 2026.