BFOQ

Ninth Circuit Reverses Summary Judgment on Issue of Whether Policy Prohibiting Male Deputies from Supervising Female Inmates is Discrimination

Posted on August 8, 2014

In a recent decision, the Ninth Circuit found that there were material issues of fact in dispute precluding summary judgment in favor of a county where male deputies claimed a policy prohibiting male deputies from supervising female inmates in the housing units of the jails operated by the County was unlawful sex discrimination in violation of Title VII. Anderson v. City & Cnty of San Francisco, No. 11-16746 (9th Cir. July 2, 2014).…

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Summary Judgment Granted to Plaintiff Claiming FBI’s Gender-Based Push-up Requirements in Violation of Title VII

Posted on August 1, 2014

Is it discrimination for the FBI to require its male trainees to perform 30 push-ups while only requiring 14 push-ups from its female trainees in a physical fitness test? In June, a federal court in the Eastern District of Virginia ruled that it was. Bauer v. Holder, Case No. 1:13-cv-93 (E.D.Va. June 10, 2014). A male FBI trainee failed to perform the required 30 push-ups and argued that this requirement discriminated against him on the basis of sex in violation of Title VII in light of the fact that female trainees are only required to perform 14 push-ups. The Attorney General argued that this does not constitute impermissible discrimination because the different standards are based on innate physiological differences between males and females and these standards impose no greater burden on men than on women.…

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