Unit 7 Case Analysis
Certain types of employment require specific genders or qualifications from its employees. Although these types of requirements and discretionary procedures are not well favored by all and could be seen as discriminating, certain jobs and job-related situations would make the employers justified in their practices.
Under Title VII and other various acts, employers are prohibited from discriminating against employees on the basis of gender. Discrimination in employment based on gender occurs when employers classify jobs as male or female, advertise in help-wanted columns designated male or female, or make separate lists of male and female seniority (Miller & Jentz, ...view middle of the document...
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 the unit. Their purpose for passing this policy was to reduce the likelihood of sexual abuse of juveniles by offers of the other gender. Since the center had more male units than female units in its facility, this caused a reduction in the number of shifts for women while increasing the number of shifts for men.
The policy required by the Milwaukee Juvenile Detention Center was seen as gender discrimination by two of its female detention officers who subsequently filed suit. The district court, however, ruled in favor of the county, maintaining that the policy of assignment was a bona fide occupational qualification (BFOQ) and therefore was not illegal gender discrimination.
When courts rule that discrimination against a protected class member is the result of BFOQ and not illegal in nature, that means that the gender qualification for the job is justifiable by the employer and the nature of its employment practices. Courts restrict the instances of the use of BFOQ to only those situations in which the employee’s gender is essential to the required job and will not allow its use in cases concerning race (Miller & Jentz, 2008, pg. 486).
The main element involved in BFOQ is how essential the required gender is to the job in question. In the case where...