Harassment - Gender, Sex & Pregnancy Discrimination Case Law

Automobile Workers v. Johnson Controls, Inc., 499 U.S. 187 (1991) 111 S.Ct. 1196

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.

Dothard v. Rawlinson, 433 U.S. 321 (1977) 97 S.Ct. 2720

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.

Zipes v. Trans World Airlines Inc., 455 U.S. 385 (1982) 102 S.Ct. 1127

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

Coleman v. B-G Maintenance Management Inc., 108 F.3d 1199 (10th Cir. 1997)

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

Price Waterhouse v. Hopkins, 490 U.S. 228 (1989) 109 S.Ct. 1775

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

Simonton v. Runyon, 232 F.3d 33 (2nd Cir. 2000)

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

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