Bona Fide Occupational

The civil rights era in the 1960’s was successful in ushering forth legislation prohibiting employment discrimination in American labor law. These federal statutes restricted employers from discriminating against employees in groups considered a protected class. “A class of individuals to whom Congress or a state legislature has given legal protection against discrimination or retaliation” (“Protected class,” 2010). Title VII of the civil rights act of 1964 is applicable to employers and labor unions with groups of over 15 employees or members. “Title VII prohibits employment discrimination based on race, color, religion, sex and national origin” (“Title VII of the civil rights act of 1964,” 1964). A case study will be analyzed to examine what gender discrimination is and how Bona Fide Occupational Qualification (BFOQ) can be used as a defense by employers.

The following case scenario will be used to explore under what circumstances the BFOQ defense can be used. The Milwaukee County Juvenile Detention Center started a new policy that required each unit of the facility to be staffed at all times by at least one officer of the same gender as the detainees housed at a unit. The purpose of the policy, administrators said, was to reduce the likelihood of sexual abuse of juveniles by officers of the other gender. Because there were many more male units in the center than female units, the policy had the effect of reducing the number of shifts or female officers and increasing the number of shifts for men. Two female officers sued for gender discrimination. The district court held for the county, finding that the policy of assignment was based on a bona fide occupational qualification (BFOQ) and so it was not illegal gender discrimination. The female officers appealed.

To evaluate this case properly we must define what gender discrimination means in the workplace. “Employers are prohibited from classifying jobs as male or female and from advertising in...