Consider this: an airline decides to hire only female flight attendants because the airline wants to portray a sexy image

Part A

Consider this: an airline decides to hire only female flight attendants because the airline wants to portray a sexy image.   A male applies, is told the company is not hiring men, and he sues for sex discrimination.  The airline’s defense?  Sex is a BFOQ and yes, we are discriminating based on sex, but we should be allowed to because we want to have a sexy airline.

Can the employer use the BFOQ defense? Why or why not?

Part B

Terri runs a sleep-away summer camp, and Annette, a camp counselor, shows up to the first day of camp with a cat. When Terri sees Annette with the cat, she immediately calls Annette into the camp office and explains that she needs to arrange to have her parents come retrieve the pet. Terri explains to Annette that the camp rules specifically say that no pets are allowed in the bunks where Annette is expected to sleep. Annette says she is aware of the rule, but the cat is actually a service cat that helps her manage her social anxiety and she must have the cat in order to function. Do you think Terri has an obligation to allow Annette to have the cat in the bunk for the summer? Why or why not? Discuss the types of questions you might ask before you can answer.

Add Citations