reasonably necessary to the essence of its business and 2 that sex is a

Reasonably necessary to the essence of its business

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reasonably necessary to the essence of its business: and 2) that sex is a legitimate proxy for the qualification because (a) it has a substantial basis for believing that all or nearly all men lack the qualification, or (b) it is impossible or highly impractical to insure by individual testing that its employees will have the necessary qualifications for the job.” 4. Why was the employer’s BFOQ defense not successful, at least at this point in the litigation? What are some alternative measures for achieving the employer’s stated objectives? Would these alternative measures be sufficiently effective? Why or why not? According, a tier of fact could conclude that the Sheriff’s decision was not preceded by a decision-making process that was sufficiently reasoned. The County failed to show that the Sheriff had a substantial basis for believing that all or nearly all male deputies were likely to engage in sexual misconduct with female inmates. It also failed to show that it was impossible or highly impractical to use individual testing to determine whether a male deputy posed a threat.
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Some of the alternative measures for achieving the Sheriff’s stated objectives were his decision to implement the Policy—protecting female inmates from sexual misconduct by male deputies, maintaining jail security, protecting inmate privacy, and preserving the ability of female inmates to rehabilitate—is essential to the operation of a corrections facility and has been recognized as justifying facially discriminatory policies in other contexts. All deputies must undergo a background checks and psychological examinations to ensure compliance with institutional rules. These measures were not sufficiently effective because the screening mechanisms are inadequate because they are unable to detect all potential perpetrators. Removing every deputy with any potential for engaging in misconduct may be a laudable goal, but that goal is insufficient to justify a policy that discriminates in such broad strokes.
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