Legal Aspects of Aerobic Capacity: Objective Evidence of the Ability to Work Part I: Age as a Bona Fide Occupational Qualification (BFOQ)

Authors

Margaret E. Ciccolella, University of the PacificFollow
Tommy Boone, College of St. Scholastica

Document Type

Article

Publication Title

Professionalization of Exercise Physiology

Department

Health, Exercise, and Sport Sciences Department

ISSN

1099-5862

Volume

14

Issue

8

First Page

1

Last Page

13

Publication Date

January 2011

Abstract

This two part series examines the legal issues relevant to aerobic capacity as objective evidence of the ability to work. Law relevant to two issues will be reviewed: (1) age as a bona fide occupational qualification (BFOQ) for certain occupations where public safety is at stake (police and wildlife officers), and (2) chronic fatigue syndrome as a medically diagnosed condition that causes disability for work. In case law for both issues, aerobic capacity is offered as objective evidence of the physical ability (disability) to perform work related duties that may be strenuous as in the case of a police officer, or light/sedentary as in the case of a disabled individual. The role of the expert in determining and interpreting the relevance of aerobic capacity to the physiological demands of a job is central to court decisions for both issues.

Recommended Citation

Ciccolella, M. E., & Boone, T. (2011). Legal Aspects of Aerobic Capacity: Objective Evidence of the Ability to Work Part I: Age as a Bona Fide Occupational Qualification (BFOQ). Professionalization of Exercise Physiology, 14(8), 1–13.
https://scholarlycommons.pacific.edu/cop-facarticles/366