Unless a Bona Fide Occupational Qualification (BFOQ), gender may not be the basis for an employment decision. All of the following are problematic, except: Failure to provide proper restroom facilities for women when the job site is under construction. Asking a job applicant if they have used other names in the past in order to perform a proper background check. Asking for a job applicant's maiden name in order to perform a background check