Sex offenders can begin this process by learning to relate to women guards in a socially acceptable manner. A finding that one sex is essential to job performance will almost by necessity require the conclusion that the essence of the business operation would be undermined by not hiring members of that sex exclusively. 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. 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. Locke, supra, that guards “must spend all their time attempting to maintain control or to protect themselves. One final observation is called for.

No one has suggested that having male stewards will so seriously affect the operation of the airline as to jeopardize or even minimize its ability to provide safe transportation from one place to another. Neither Southwest, nor the traveling public, will suffer from such a rule. Since the issue is whether Hazelwood discriminated against blacks in hiring after Title VII became applicable to it in , perhaps the Government should have looked initially to Hazelwood’s hiring practices in the and academic years with respect to the available applicant pool, rather than to history and to comparative workforce statistics from other school districts. The Court, however, need not be versed in the techniques of opinion polling to question the soundness of this conclusion on the basis of summing the responses to the two hostess questions. This case has serious underpinnings, but it also has disquieting strains. See Sirota, supra, note 12, at There is simply no evidence in the record to show that women guards would create any danger to security in Alabama prisons significantly greater than that which already exists.

Product details

The plaintiffs in a case such as this are not required to exhaust every possible source of evidence, if the evidence actually presented on its face conspicuously demonstrates a job requirement’s grossly discriminatory impact.


All Correctional Counselor I positions will be evaluated to identify and designate those which require selective certification for appointment of either a male or female employee.

The appellants argue that restrictions on employment of women are also justified by consideration of inmates’ privacy. Phillip Haber, who has a doctoral degree in rehabilitative psychology, has visited Dowling Hall and reached the opinion that the same-sex policy is reasonably necessary to the normal operation of the dormitory and protects the privacy interests of the dormitory residents.

A specific female personality description was recommended and adopted by Southwest for its corporate image:. The District Court’s holding thus did not deal with the question of whether such an assertion could or did rebut appellee Rawlinson’s prima facie btoq.

bfoq case study

We turn, therefore, to the appellants’ argument that they have rebutted the prima facie case of discrimination by showing that the height and weight requirements are job-related. Walker, 29 Ohio St.

bfoq case study

Work could not begin until after Locke, supra, that guards “must spend all stkdy time attempting to maintain control or to protect themselves. Appellants argued only the job-relatedness of actual physical strength; they did not urge that an equally job-related qualification for prison guards is the appearance of strength.

Neither, in the final analysis, does Southwest’s “battle-for-inches” with its competitors rise to the level of business necessity. Federal Paper Board Co.

Hernandez v. University of St. Thomas, F. Supp. (D. Minn. ) :: Justia

Lone Star Steel Co. Based on two on-board surveys, one conducted in October,before this suit was filed, and another in August,when the suit was pending, [8] Southwest contends its attractive flight attendants are the “largest single component” of its success.

The survey proves nothing more. The court found that the customers’ attitudes, customs, and mores relating to the proper business roles of the sexes created formidable obstacles to successful job performance by a woman.

The Court refers to two incidents involving potentially dangerous attacks on women in prisons. Still, it is proper to infer from the airline’s competitive successes that Southwest’s overall “love image” has enhanced its ability to attract passengers. Southwest’s flight attendants, and to a lesser degree its ticket agents, have been featured in newspaper, magazine, billboard and television advertisements during the past ten years.


That the position would require search of inmates of the opposite sex on a regular basis. But see, Sprogis v.

Is This a Bona Fide Occupational Qualification? | The Case Centre, for educators

Perhaps stuxy Court relies upon common sense, or “innate recognition,” Brief for Appellants Although a single-judge District Court could have considered Rawlinson’s Title VII claims, her co-plaintiff’s suit rested entirely on the Constitution. In the usual case, the argument that a particular job is too dangerous for women may appropriately be met by the rejoinder that it is the dase of Title VII to allow the individual woman to make that choice for herself.

See also, Sirota, supra note 12, at n. For instance, I think of an elderly woman who wants a female nurse.

Dothard v. Rawlinson

Caes case you are viewing is cited by the following Supreme Court decisions. Instead, Congress expressly indicated the intent that the same Title VII principles be applied to governmental and private employers alike. The District Court found, however, that. Similarly, in University Parking, Inc.

Thus, “[i]n the usual case,” ibid. Dale Maintenance System, Inc. Indeed, on Southwest’s short-haul commuter flights there is time for little else.

Its ads promise to provide “tender loving care” to its predominently male, business passengers. Such positions must fall within a bona fide occupational qualification stated in Title 4[2]c of the United States Code.

This view has been variously formulated.