No written examination is given. Republic National Bank, 78 F. For many of your passengers, the hostesses are Southwest Airlines. Some attendants assist in promotional events for other businesses and civic organizations. Its ads promise to provide “tender loving care” to its predominently male, business passengers. Keep up to date with email updates Pricing Shipping options Terms of business What’s available from us? Smith remarks of Rep.

Without a more satisfactory record on this issue, I cannot conclude that appellee Rawlinson has either made out a prima facie case for the invalidity of the restrictions or otherwise proved that she was [p] improperly denied employment as a prison guard. It is particularly ironic that the cage is erected here in response to feared misbehavior by imprisoned criminals. Administrative Regulation provides, in pertinent part, as follows:. Costle, supra, F. Apparently, one of the remaining eight alternative categories, “attractive hostesses,” was not selected with sufficient frequency to warrant being included in the reported survey results. For purposes of BFOQ analysis, however, the business “essence” inquiry focuses on the particular service provided and the job tasks and functions involved, not the business goal.

Even ignoring these and other deficiencies, the questions on their face say nothing about passenger preference, if any, for female flight attendants instead bfpq males. Studt view has been variously formulated. The Julia Tutwiler Prison for Women and the four male penitentiaries are maximum security institutions. By continuing to use our site you consent to the use of cookies as described in our privacy policy unless you have disabled them. A correctional counselor’s primary duty within these institutions is to maintain security and control of the inmates [p] by continually supervising and observing their activities.

Dale also testifies that alternatives to the same-sex policy are flawed.

bfoq case study

The University interprets this as implying that a different test governs privacy cases. As in Hazelwood, the issue fboq whether there was discrimination in dealing with actual or potential applicants; but, in Hazelwood, there was at least a colorable argument that the racial composition of the area-wide teacher workforce was a reasonable proxy for the composition of the relevant applicant pool, and hence that a large divergence between the percentage of blacks on the teaching staff and the percentage in the teacher workforce raised a fair inference of racial discrimination in dealing with the applicant pool.


It has submitted several affidavits to support its position. Guards are typically unarmed, and sheer numbers of inmates could overcome the normal complement.

Dothard v. Rawlinson | US Law | LII / Legal Information Institute

There, the Commission considered an employer’s refusal to promote a female to the position of branch manager because the job involved accompanying male customers to football games, dinners and on hunting trips. Southern Bell Telephone and Telegraph Co.

The pound weight restriction would exclude Less certain, however, is Southwest’s assertion that its females-only hiring policy is necessary for the continued success of its image and its business.

The agency Guidelines further stated that the BFOQ exception did not justify “the refusal to hire an individual because of the preferences of Indeed, they failed to offer evidence of any kind in specific justification of the statutory standards. When a properly convened three-judge court enjoins the operation of a state law on federal statutory grounds, an appeal to this Court from that judgment lies under 28 U.

The statistics relied on here do not suffer from the obvious lack of relevancy of the statistics relied on by the District Court in Hazelwood School Dist.

Although women 14 years of age or older compose It appears that the real disqualifying factor in the Court’s view is “[t]he employee’s very womanhood. Thomas officials have testified that a comprehensive evaluation of the University’s custodial system occasioned recommendations which could not be put into effect without instituting the same-sex policy, although the evaluation itself did not call for the caee.

The airline [Southwest] does not hire male flight attendants and has built its business by attracting businessmen and employing attractive female flight attendants. Those themes permeate the testimony of the state officials below, but, as the Court holds, “the argument that a particular job is too dangerous for women” is refuted by the “purpose of Title VII to allow the individual woman to make that choice for herself.

By its terms, Regulation applies to contact positions in both male and female institutions. The final indication of congressional intent is furnished by the Senate Debate on the Civil Rights Bill.


The only occasion where customer preference will rise to the dignity of a bona fide occupational qualification is where no customer casd do business with a member of one sex either because it would destroy the essence of the business or would create serious safety and efficiency problems. In fact, any prison guard is constantly subject to the threat of attack by inmates, and “invisible” deterrents are the guard’s only real protection.

bfoq case study

Similarly, in jobs where sex or vicarious sexual recreation is the primary service provided, stuy. The EEOC issued guidelines on sex discrimination in reflecting its position that “the bona fide occupational qualification as to sex should be interpreted narrowly.

The height and weight statute contains a waiver provision that the appellants urge saves it from attack under Title VII.

Masonic Home of Delaware, Inc. Moreover, once conditions are improved in accordance with the Pugh order, the problems that the Court perceives with women guards will be substantially alleviated. That the position would require that the Correctional Counselor Trainee not be armed with a firearm.

Hernandez v. University of St. Thomas, 793 F. Supp. 214 (D. Minn. 1992)

Although the report of the consulting firm did not expressly call for a same-sex policy, the University maintains that it was necessary to adopt this rule in order to meet other recommendations in the studu. The BFOQ defense is available in cases involving intentional as well as unintentional discrimination. But whatever the verbal formulation, the federal courts have agreed that it is impermissible under Title VII to refuse to hire an individual woman or man on the basis of stereotyped characterizations of the sexes, [n17] and the District [p] Court in the present case held, in effect, that Regulation is based on just such xtudy assumptions.

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