BFOQ and Gender Discrimination – Dothard v. Rawlinson, 433 U.S. 321 (1977)

BFOQ and Gender Discrimination – Dothard v. Rawlinson, 433 U.S. 321 (1977)

This US Supreme Court case is about bona fide occupational qualification defense (BFOQ) and gender discrimination . Dianne Rawlinson was a 22 year old college graduate with major in correctional psychology. When she applied for a job in one of Alabama maximum security correctional institutions her application was rejected, because she failed to meet the minimum 120 pound weight and 5 feet 2 inches height requirements established by a state statute. She filed a class action lawsuit challenging the Alabama statute as discriminatory under the Civil Rights Act. While the lawsuit was pending the Alabama authorities adopted an administrative regulation, establishing gender criteria for ‘contact’ positions in maximum security prisons. […]

BFOQ Defense against Claims of Discrimination in the Workplace

BFOQ Defense against Claims of Discrimination in the Workplace

Bona Fide Occupational Qualification (BFOQ) defense is provided under section 703(e) of Title VII of the Civil Rights Act. According to it, it is not against the law to hire employees based on national origin, religion, or sex when such a differentiation is reasonably necessary to the normal operation of a particular business. Employers can use this defense against claims of discrimination in the workplace . However, this defense is of a limited character. For instance, when during hiring process an employer differentiates candidates based on sex, it should follow the guidelines established by the Equal Employment Opportunity Commission (EEOC). The guidelines provide a list of exceptions, which do not […]