1. If customers truly overwhelmingly prefer one gender over another in certain jobs, is it fair or appropriate to force the public to be uncomfortable or unhappy in order to prevent sexual discrimination?
2. Why did the court decide that sex was not a BFOQ to qualify as a flight attendant?
3. Would the decision be the same if, instead of sex, the BFOQ was based on race, national origin, or religion? Why or why not?
4. Whether sex discrimination can be a BFOQ is interpreted narrowly by the EEOC, whose guidelines were adopted by the circuit court. Identify situations in which sex could be defended successfully as a BFOQ.
Diaz was denied a job as a flight attendant with Pan American Airlines because the airline had a policy that only a woman could be hired as a flight attendant. Diaz filed a complaint with EEOC alleging that Pan Am’s policy was a violation of Title VII because he faced hiring discrimination based on his gender. Pan Am argued that gender was a bona fide occupational qualification (BFOQ) for the position because expert studies had determined that women were better in non-technical aspects of the job such as reassuring anxious passengers.