Antidiscrimination law and bookstores

[Michael McConnell]

It seems to me that the BFOQ provision, as it applies to religious
discrimination, ought to be interpreted in light of First Amendment
principles of free exercise, free speech, and freedom of association, along
the following lines: "Employers may extend a religious preference in hiring
to adherents of a particular religious faith if the employer has a sincere
and reasonable belief that his or her own religious practice, that of
his/her other employees or clientele, or the religious value of the goods or
services provided, would be substantially affected by the character of the
religious belief or denomination of the employee; provided, however, that
this shall not be interpreted as authorizing discrimination based on
hostility or animus toward adherents of other religious faiths."

Michael McConnell
University of Utah College of Law
332 South 1400 East Rm. 101
Salt Lake City, UT 84112
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