Dale concludes that these delays often prevented male custodians from completing their assignments by the end of the day. Well qualified and properly trained women, no less than men, have these psychological weapons at their disposal. It is simply irrelevant here that a guard’s occupation is dangerous, and that some women might be unable to protect themselves adequately. If the defendants in a Title VII suit believe there to be any reason to discredit plaintiffs’ statistics that does not appear on their face, the opportunity to challenge them is available to the defendants, just as in any other lawsuit. In other cases, there could be different evidence which could lead a district court to conclude that height and weight are, in fact, an accurate enough predictor of strength to justify, under all the circumstances, such minima. According to Dale, this would exceed the capacity in those alternative facilities. That the presence of the opposite sex would cause disruption of the orderly running and security of the institution.

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. Defendant’s argument is based on Note 4 of the majority’s opinion in Johnson Controls, which states:. Among other problems, the survey suffered from non-random sampling [passengers were sampled only at Love Dallas and Hobby Houston Fields, during the prime hours for business transportation 6: On the basis of that evidence, we conclude that the District Court was in error in ruling that being male is not a bona fide occupational qualification for the job of [p] correctional counselor in a “contact” position in an Alabama male maximum security penitentiary. 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. One court has also suggested, without holding, that the authenticity exception would give rise to a BFOQ for Chinese nationality where necessary to maintain the authentic atmosphere of an ethnic Chinese restaurant, Utility Workers v. This is the Court’s third journey to the western end of Summit Avenue.

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

At some point, a high degree of added cost, decreased cleanliness, or intrusion on privacy could undermine the central mission of the enterprise. But no such showing was made or even attempted here; and although I do not know what the actual fact is, I am not now convinced that a large percentage of the actual women applicants, or of those who are seriously interested in applying, for prison guard positions, would fail to satisfy the height and weight requirements.


These requirements, they say, have a relationship to strength, a sufficient but unspecified amount of which is essential to effective job performance as a correctional counselor. Sgudy also, Dothard v.

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I view affirmance of the District Court in this respect as essentially dictated by the peculiarly limited factual and legal justifications offered below by appellants on behalf of the statutory requirements. This burden could be shouldered by offering evidence or by making legal arguments not dependent on any new evidence.

Civil Service Comm’n, F. The District Court noted that a valid waiver provision might indeed have that effect, but found that applicants were not informed of the waiver provision, and that the Board of Corrections had never requested a waiver from the Alabama Peace Officers’ Standards and Training Commission.

Although it accepted the trial court findings, the Court of Appeals reversed, holding that femininity was not a BFOQ, because catering to passengers psychological srudy was only “tangential” to what was “reasonably necessary ” for the business involved original emphasis. Such a situation is not presented here. A woman’s relative ability to maintain order in a male, maximum security, unclassified penitentiary of the type Alabama now runs could be directly reduced by her womanhood.

If the job-related quality that the appellants identify is bona fide, their purpose could be achieved by adopting and validating a test for applicants that measures strength directly.

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Omaha Girls Club, Inc. They testify that when the male custodians worked in the dormitory, the closing of bathrooms led to inconveniences and embarrassing situations that infringed their privacy. The airline also conceded that its height-weight restrictions would have an adverse impact upon male applicants, if actually applied. The University’s first motion for summary judgment was heard on December 3, Instead, Congress expressly indicated the intent that the same Title VII principles be applied to governmental and private employers alike.


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

It is so ordered. It only requires, consistent with the purposes of Title VII, that employer’s exploit the attractiveness and allure of a sexually integrated workforce. By continuing to use our site you consent to the use of cookies as described in our privacy policy unless you have disabled them. In this environment of violence and disorganization, it would be an oversimplification to characterize Regulation as an exercise in “romantic paternalism.

We dealt in Griggs v. Dale Maintenance System, Inc. 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. Practically, this difference in application will rarely be outcome determinative. See also Washington v. He also substantiates his opinion that alternatives are unreasonable, contending that they would lead to unnecessary worry on the part of female residents.

We do not have such a case here only warning signs rumbling from the facts.

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In the District Court, however, the appellants produced no evidence stuudy the height and weight requirements with the requisite amount of strength thought essential to good job performance. The categories “economical” 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.

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For instance, I think of an elderly woman who wants a female nurse. The statute requires that a bfoq be “reasonably necessary to the normal operation of that particular business or enterprise.

Southwest has stipulated that it is flying only under the BFOQ defense. This is the Court’s third journey to the western end of Summit Avenue. The Court has not considered such evidence.

See also Barnes v.