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Three-Part Test for Sex-Related BFOQs
Courts use a three-part test to evaluate sex-related BFOQ claims. The first part assesses whether all or substantially all members of one gender are incapable of performing the job; for example, a 'must lift 30 pounds' requirement often fails this test, as most women can meet it. The second is the 'essence of the business' test, which asks if hiring another gender would undermine the core business operation. This was used to rule against Pan Am's policy of hiring only female flight attendants, establishing that customer preference is not a valid defense. The third part examines whether the employer could make reasonable alternative accommodations, such as reassigning staff to avoid placing a female employee in a male-only section of a prison.
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Examples of Bona Fide Occupational Qualifications (BFOQs)
Three-Part Test for Sex-Related BFOQs
Privacy Concerns as a Justification for BFOQs
A religious school requires that its theology teachers be active members of its specific faith. In a separate instance, a commercial airline that flies international routes requires all its flight attendants to be female, arguing that their customer base has a strong preference for female attendants and that this preference is part of their brand identity. Which statement best analyzes the legality of these two hiring policies?
A company is hiring for several positions and has specific requirements for each. In which of the following scenarios is the company's hiring restriction most likely to be legally permissible as an exception to anti-discrimination laws?