Wilson, a male, applied for a job as a flight attendant with Southwest Airlines. Southwest refused to hire him because the airline hires only females for those positions. Southwest, a small commuter airline in the southwestern United States must compete against larger, more established airlines for passengers.

Southwest, which has its headquarters at Love Field in Dallas, decided that the best way to compete with those larger airlines was to establish a distinctive image. Southwest decided to base its marketing image as the “Love Airline”; its slogan is, “We’re spreading love all over Texas.” Southwest requires its flight attendants and ticket clerks, all female, to wear a uniform consisting of a brief halter top, hot pants, and high boots. Its quick ticketing and check-in flight counters are called “quickie machines,” and the in-flight snacks and drinks are referred to as “love bites” and “love potions.” Southwest claims that it is identified with the public through its “youthful, feminine” image; it cites surveys of its passengers to support its claim that business necessity requires it to hire only females for all public contact positions.

The surveys asked passengers the reasons that they chose to fly with Southwest; the reason labeled

“courteous and attentive hostesses” was ranked fifth in importance, after reasons relating to lower fares, frequency of flights, on-time departures, and helpful reservations personnel.

Has Southwest established that its policy of hiring only females in flight attendant and ticket clerk positions is a bona fide occupational qualification?

See Wilson v. Southwest Airlines Co. [517 F.

Supp. 292 (N.D. Texas 1981)].