Duffy wrote:
Danno wrote:
Duffy wrote:
Danno wrote:
Did you read the article or just the headline?
Did you read it (and respond to me) within 2 minutes?
I did. It's not very long.
That's what she said.
'kay.
The reason I say "not necessarily" is that the article only talks about the probability that Chariots for Women might violate
state law in Massachusettes. It says nothing about federal anti-discrimination laws (which it might also violate . . . or might not). There is also mention of a BFOQ defense that Chariots for Women
might have a way to qualify for, although there's not enough detail to know. In any event, the article far from states that hiring only women drivers is illegal. At best, it posits that it is "probably" illegal.
I'd just throw out there the case of Hooters restaurant, which hires only female servers. You don't need to be female to serve food, yet Hooters seems to be able to do just that with minimal discrimination lawsuits (I know of two they settled, but have NOT changed their policy to hire only women servers). Hooters argues that in addition to serving food, their servers play a specific role for which female sex appeal is an integral role. Can't say that this is a BFOQ, but they've successfully disposed of some discrimination challenges and the EEOC even dropped a gender claim against them on this issue in the mid-1990's. I can conceive of a viable argument along similar lines (albeit not "sex appeal") in which Chariots for Women might be able to credibly argue that being female is a BFOQ (or at least close to it) for their business model.
It wouldn't be easy, but the argument is there.
''The enemy isn't conservatism. The enemy isn't liberalism. The enemy is bulls**t.''
—Lars-Erik Nelson