functions of a flight attendant/ticket agent.
-
The primary function of an airline is to transport customers, not to make a profit by
attracting more male passengers through sex appeal.
-
The “essence” in the BFOQ refers to the services/job functions/tasks/ to the business,
not its’ business goal to make profit.
Takeaways:
-
As an emerging HR professional, this article brings out a great example a bona fide
occupational qualification that does not meet the requirements under Title VII.
Understanding what qualifies as a BFOQ is important to be able to understand as
misclassifying can cause a violation of discrimination.
Griggs vs. Duke Power
Facts:
-
Duke Power Co.’s policy requires that new hires have a high school diploma and be able
to pass 2 intelligence tests in order to work in any department besides the labor
department.
-
Transferees from labor/coal department with no high school diploma, had to pass both
tests to transfer to another department.
-
The high school diploma and intelligence test requirements did not apply to white
employees that were already grandfathered in.
-
A class action was filed against Duke Power Co. on behalf of black employees challenging
the employers new hire/transfer policy, claiming that has an effect of disqualifying blacks
more than white employees.
