From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: We have a school district that would like to say "Male Physical Education Teacher" in an employment ad. Can they do that?

A: Probably not. Under the Pennsylvania Human Relations Act, no employer may discriminate on the basis of gender (or any other protected class) unless they obtain a "Bona Fide Occupational Qualification" ("BFOQ") from the Pennsylvania Human Relations Commission ("PHRC"). A BFOQ is basically a written statement from the PHRC that permits the employer to advertise and hire for this position, in a discriminatory manner, based upon a showing (by the employer) that the job requires a man, and that a woman could not perform it. An employer can request a BFOQ by calling (717) 787-4410. Without a BFOQ, this ad is discriminatory and should not be accepted.

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PNA Legal Hotline: (717) 703-3080