Wilson v. Southwest Airlines Company.docx - Title of Case Wilson v Southwest Airlines Company 517 F Supp 292(N.D Tex Div 1981 BFOQ for Disparate Impact

Wilson v. Southwest Airlines Company.docx - Title of Case...

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Title of Case: Wilson v. Southwest Airlines Company 517 F. Supp. 292 (N.D. Tex. Div 1981) – BFOQ for Disparate Impact Procedural History: No procedural history. Facts: Flight attendants were only allowed to be female for BFOQ. Southwest concedes that the policy is discriminatory but that they have a business necessity. Issue: Southwest has proved that that being female is a BFOQ reasonably necessary to the normal operation of its particular business. Rule: Title VII Section 703 (e) requires for a two-step BFOQ test: (1) does the particular job under consideration require that the worker be of one gender only: and if so (2) requirement reasonably necessary to the “essence” of the employer’s business. Analysis: The first level of inquiry is designed to test whether gender is so essential to job performance that a member of the opposite gender simply could not do the same job. The second level is designed to assure that the qualification being scrutinized is one so important to the operation of the business that the business would be undermined if employees of the “wrong”
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