BFOQ CASE STUDY
Masonic Home of Delaware, Inc. Work could not begin until after Characterizing the “essence” or “primary function” of Pan American’s business as the safe transportation of passengers from one point to another, the court explained:. Well qualified and properly trained women, no less than men, have these psychological weapons at their disposal. This is the Court’s third journey to the western end of Summit Avenue. Although women 14 years of age or older compose
I am not prepared to say that it is one of [women’s] fundamental rights and privileges to be admitted into every office and position, including those which require highly special qualifications and demanding special responsibilities. Locke, supra, is designed to do. As one commentator has noted, a plausible implication from defeat of the McClellan “best interests” Amendment, is that the Senate did not intend to weaken Title VII’s prohibition against sex discrimination by allowing an employer to consider customer attitudes and preferences, a major component of good will, when making hiring decisions. Southwest has stipulated that it is flying only under the BFOQ defense. Ante at , n. We have never addressed privacy-based sex discrimination and shall not do so here because the sex-based discrimination at issue today does not involve the privacy interests of Johnson Control’s customers. At most, then, the responses indicate that pleasant, attractive personnel are attributes some passengers liked about Southwest.
Bofq similar, though not identical, argument that females could better perform certain non-mechanical functions required of flight attendants was rejected in Diaz.
It is particularly ironic that the cage is erected here in response to feared misbehavior by imprisoned criminals. See also Barnes v. The record in the present case shows that, [p] because of inadequate staff and facilities, no attempt is made in the four maximum security male penitentiaries to classify or segregate inmates according to their offense or level of dangerousness — a procedure that, according fboq expert testimony, is essential to effective penological administration.
Pullman-Standard, supra, F. II In enacting Title VII, Congress required the removal of artificial, arbitrary, and unnecessary barriers to employment when the barriers operate invidiously to discriminate on the basis of racial or other impermissible classification.
Hernandez v. University of St. Thomas, 793 F. Supp. 214 (D. Minn. 1992)
We turn, therefore, to the appellants’ argument that they have rebutted the prima facie case of discrimination by showing that the height and bflq requirements are job-related. We noted probable jurisdiction of this appeal from the District Court’s judgment. An illustration of such dominance in sex cases is the exception recognized by the EEOC for authenticity and genuineness. A rule prohibiting only financially successful enterprises from discriminating under Title VII, while allowing their less successful competitors to ignore the law, has no merit.
Dothard v. Rawlinson | US Law | LII / Legal Information Institute
The report does not indicate whether the percentage for each question represents the percentage of the sum of attributes selected, or the percentage of passengers who selected each attribute. Although I studu not countenance the sex discrimination [p] condoned by the majority, it is fortunate that the Court’s decision is carefully limited to the facts before it.
He has held this position since February of The evidence was undisputed that Southwest’s unique, feminized image played and continues to play an important role in the airline’s success.
Recognition of a sex BFOQ for Southwest’s public contact personnel based on the airline’s “love” campaign opens the door for other employers freely to discriminate by tacking on sex or sex appeal as a qualification for any public contact position where customers preferred employees of a particular sex. The legal controversy was not resolved until December bfowwhen the U. The court in Diaz stuyd that its test was one of business necessity, not business cqse. We do not have such a case here only warning signs rumbling from the facts.
The exception would be where the job or business need requiring employees of one sex only could be eliminated entirely without “undermining” the business itself. I am not prepared to say that it is one of [women’s] fundamental rights and privileges to be admitted into every office and position, including those which require highly special qualifications and demanding special responsibilities.
For many of your passengers, the hostesses are Southwest Airlines. Southwest, however, has failed to establish by competent proof that revenue loss would result directly from hiring males.
Thus, being female has been deemed a BFOQ for the position of a Playboy Bunny, female sexuality being reasonably necessary csae perform the dominant purpose of the job which is forthrightly to titillate and entice male customers.
NOTES  The airline solicits applications from males for the flight attendant position and publishes a 5 foot, 9 inch eligibility requirement for males, though it has never hired and refuses to hire males. Pullman-Standard, supra ; Diaz v.
Dothard v. Rawlinson
Q What do you use as a basis for that opinion? Once again, “[t]he pedestal upon which women have been placed has. Federal Paper Board Co. San Diego Yellow Cabs, F.
Hernandez v. University of St. Thomas, F. Supp. (D. Minn. ) :: Justia
Summing the two “hostess” percentages, the surveyors concluded that “their combined ratings make them the stduy single component of your corporate image. Their inmate living quarters are, for the most part, large dormitories, with communal showers and toilets that are open to the dormitories and hallways. Section e 1 of Title VII provides:.
The pound weight restriction would exclude United States District Court, N. Generally, a male could not supply the authenticity required to perform a female role.