In order not to undermine Congress’ purpose to prevent employers from “refusing to hire an individual based on stereotyped characterizations of the genders,” a BFOQ for gender must be denied where gender is merely useful for attracting customers of the opposite gender, but where hiring both genders will not alter or undermine the essential function of the employer’s business.
What should be done if, as here, the public likes the employer’s marketing scheme?
Do you think the standards for BFOQs are too strict? Explain.
