1. Nurse: An OB/GYN unit of a hospital advertised for a position opening for a Registered Nurse. The hospital had a 20-year policy of hiring ONLY female obstetric nurses. A male, who was a registered nurse, with past experience as an obstetrics nurse, applied for the position, and was turned down, as he was not female. The hospital argued that a female was necessary for this position, due to the intimate nature of obstetrics. They said that having a male OB nurse violated the privacy rights of the patients. There are no OB nurse positions that do not involve patients with their private parts exposed. Furthermore, they showed evidence that at a teaching hospital, 80% of all patients refused to allow male students to be in the room during treatment, while few refused female students.
   1. What protected group(s) will be excluded?
   2. Is this a legitimate BFOQ?
   3. Why or why not?
2. Actor: A movie producer is looking for a black actor, aged 30 to 40 to star in a movie about the life of Martin Luther King.
   1. What protected group(s) will be excluded?
   2. Is this a legitimate BFOQ?
   3. Why or why not?
3. Assembly workers: A manufacturing company in Michigan informally tries not to hire women with pre-school aged children, because its records show that such employees are absent 15% more than those without young children.
   1. What protected group(s) will be excluded?
   2. Is this a legitimate BFOQ?
   3. Why or why not?
4. Salesclerks: A conservative family in Michigan owns a retail business that employs 100 people. They are looking for five salesclerks. They refuse to hire anyone who is gay or lesbian.
   1. What protected group(s) will be excluded?
   2. Is this a legitimate BFOQ?
   3. Why or why not?

PURPOSE BACKGROUND INFORMATION The purpose of this exercise is to understand what kinds of situations warrant a bona fide occupational qualification. Title VII of the Civil Rights Act, under the theory of disparate treatment, makes it illegal to directly exclude or discriminate against any group of people on the basis of race, ethnicity, gender, national origin, religion, age over 40 , disability, or pregnancy. In addition, the state of Michigan protects marital status, height and weight, and all ages. However, a business is allowed to directly discriminate against a protected class of people when it can show that such discrimination is necessary in order for the business to function and fulfill its business purpose. It was the intention of Congress to make BFOQs difficult to justify, and the courts have traditionally interpreted them quite narrowly; it is a considerable burden for a company to demonstrate that it can claim a BFOQ. The original Civil Rights Act and the Civil Rights Act of 1991 both stipulate that race can never be a BFOQ. BFOQ'S are valid when: - Someone, by definition, is not qualified to do the work - A certain type of person is needed for authenticity - Same-sex privacy is involved - There are valid safety threats to a third party - It is a business necessity A BFOQ is not valid for reasons of: - Customer preference - Co-worker preference - Stereotypical assumptions - Group characteristics (something is true of part of a group, but not the whole group. - Concern for the welfare of the employee - Business Convenience THE EXERCISE Following are situations in which an organization is acting in a manner that directly discriminates against a group of people. For each situation, indicate whether you believe a BFOQ is warranted and the rationale behind your answer. 8. Nurse: AnOB/GYN unit of a hospital advertised for a position opening for a Registered Nurse. The hospital had a 20 -year policy of hiring ONLY female obstetric nurses. A male, who was a registered nurse, with past experience as an obstetrics nurse, applied for the position, and was turned down, as he was not female. The hospital argued that a female was necessary for this position, due to the intimate nature of obstetrics. They said that having a male OB nurse violated the privacy rights of the patients. There are no OB nurse positions that do not involve patients with their private parts exposed. Furthermore, even in cases where a male doctor is allowed, patients demand a female nurse as a "chaperone". Finally, they showed evidence that at a teaching hospital, 80% of all patients refused to allow male students to be in the room during treatment, while few refused female students. What protected group(s) will be excluded? Is this a legitimate BFOQ? Why or why not? 9. Actor: A movie producer is looking for a "black actor, aged 30 to 40 " to star in a movie about the life of Martin Luther King. What protected group(s) will be excluded? Is this a legitimate BFOQ? Why or why not? 10. Assembly workers: A manufacturing company in Michigan informally tries not to hire women with pre-school aged children, because its records show that such employees are absent 15% more than those without young children. What protected group(s) will be excluded? Is this a legitimate BFOQ? Why or why not? 11. Salesclerks: A conservative family in Michigan owns a retail business that employs 100 people. They are looking for five salesclerks. They refuse to hire anyone who is gay or lesbian