Article:
Michael L. Sirota, Sex Discrimination: Title VII and Bona Fide Occupational Qualification, 55 TEXAS L. REV. 1025 (1977).
 

Abstract:
In this Article, Sirota argues that the limited legislative history of Title VII Bona Fide Occupational Qualification indicates that Congress intended the courts to interpret the provision broadly. Despite this evidence, the EEOC and the courts have construed it quite narrowly. Employers have unsuccessfully attempted to use the bona fide provision to justify sex discrimination on the basis of business discretion, business necessity and added expense, customer and third-party preferences, state protective legislation, and occupational safety. To allow sex discrimination of the bona fide theory, courts require a showing that the job directly or indirectly requires the possession of unique sexual characteristics for successful job performance. Sirota concludes that by construing the bona fide occupational qualification justification so narrowly, the courts have developed Title VII into a powerful weapon for combating sexual discrimination in employment.