When Allain University was looking for a diversity officer, it decided it would only hire a person of color. Is this decision legal? No, race and color can be a BFOQ, but are not in this situation. A person does not have to be a member of a minority group to promote diversity. Yes, color is a bona fide occupational qualification (BFOQ) for this position. No, neither race nor color can be a BFOQ. No, color is never a BFOQ, but race could be.