Using your research skills, locate 2 court cases that were based on BFOQ's. Enter Forum 1.2 and post a summary of the cases, including the current status of the case as well as your thoughts on whether these were decided correctly (if a court decision has been made).

The first case I read about was Slivka v. Camden-Clark Memorial. This case involved a male registered nurse who applied to work in the obstetrics department of a hospital. Silvka previously worked in obstetrics departments at other hospitals. After Silvka was not offered the job, he decided to file a suit for not being hired. His claim was that Camden-Clark Memorial Hospital did not employ males in the obstetrics department, therefore putting the hospital at risk for gender discrimination. (CourtsWV, 2004). The hospital's claim was that they have had incidents in the past that have resulted in them not hiring males for the obstetrics department. Ultimately, the court found this act to be unlawful (CourtsWV, 2004). In this particular case, I believe the hospital was in the wrong. Just because there were incidents in the past, that should not alter the decisions for future male candidates.

The second case I read about was involving a male who applied for a restaurant called Twin Peaks and was denied because he was a male applying for a serving position. Twin Peaks is a similar restaurant and concept to the Hooter's restaurants. Server positions at the Twin Peaks are referred to as "Twin Peak Girls" (Turner, 2017). The interviewing manager said, "Positions are reserved strictly for females." (Turner, 2017). The Twin Peaks website says,

"Here at Twin Peaks, we offer everything you crave and more. Hearty made-from-scratch comfort food, draft beer served at a teeth-chattering 29 degrees and all the best sports in town shown on high definition flat screens. All of this is served by our friendly and attentive Twin Peaks Girls, offering their signature "Girl Next Door" charisma and playful personalities to ensure that your adventure starts at the Peaks.

Be a Twin Peaks Girl! The Twin Peaks Girls are the hosts of the party bringing the Twin Peaks experience to life while serving high quality eats and drinks. They have a "girl next door" personality, offering a playful and energetic hospitality to our guests. Twin Peaks Girls enjoy flexible scheduling, great tips, modeling and travel opportunities. If you think you can work it, click here to find the nearest location to audition! Grab your favorite outfit, glam up your hair and make-up, and visit us today." (Turner, 2017)

I wasn't able to find anywhere what the end ruling of this case was. Based on the story, I am not sure who I believe to be right or wrong. I think if the application said something along the lines of "must look a certain way" then I would believe the plaintiff to be in the wrong. If the application did not state that or the plaintiff believed that they did have the qualifications based on the quote above, then I would put the restaurant to be wrong.

Do you agree or disagree and why?