RETAIL STORE IMAGE, BONA FIDE OCCUPATIONAL QUALIFICATIONS, AND JOB DISCRIMINATION: ESTABLISHING THE ESSENCE OF THE BUSINESS FOR RETAIL ORGANIZATIONS

The authors examine the relationships among the concepts of bona fide occupational qualifications, retail store image, and job discrimination. Retailers increasingly must grapple with employees' physical or demographic attributes as bona fide occupational qualifications for the purpose of creating a desired store image. Such practices may clash with Title VII of the Civil Rights Act of 1964, which prohibits discrimination in hiring, firing, promotion, or other workplace decisions. The question for retailers is: when is it defensible to discriminate on the basis of physical or demographic characteristics? The answer to that question involves determining the essence of the business. The authors examine legal cases involving hiring based on physical appearance or demographic attributes of employees and, using consumer preferences, propose economic and market research approaches for determining the essence of the business. Recommendations for retail organizations are offered.