Harassment - Gender, Sex & Pregnancy Discrimination Case Law

In order to prove the Bona Fide Occupational Qualifications defense, an employer must prove three elements: a direct relationship between sex and the ability to perform the duties of the job, the BFOQ relates to the "essence" or "central mission of the employer's business," there is no less-restrictive or reasonable alternative.

Same sex harassment is prohibited by Title VII.

An employer can fire a female for not wearing makeup under Title VII.

Title VII prohibits refusal to hire an individual on basis of stereotyped characterizations of the sexes. Title VII allows individual women to choose whether they want to do dangerous work. The Bona Fide Occupational Qualification exception is an extremely narrow exception to the general prohibition of discrimination based on sex.

Airline could not enact a policy that discriminates against female flight attendants who became mothers while male flight attendants were permitted to continue flying.

Title VII prohibits employers from treating married woman differently than married men, but it does not protect marital status alone.

Gender discrimination claim used instead of sexual orientation discrimination claim that is not allowed under Title VII.

Title VII does not protect against sexual orientation or preferences discrimination.

Congress intends to confer broad protection upon employees covered by Title VII.