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Article: The bona fide body: Title VII's last bastion of intentional sex discrimination.(bona fide occupational qualification)
- Article from:
- Columbia Journal of Gender and Law
- Article date:
- January 1, 2003
- Author:
CopyrightCOPYRIGHT 2003 Columbia Journal of Gender and Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Under a classic view of antidiscrimination law, employers cannot intentionally discriminate on the basis of sex. (1) This guarantee of a workplace free of discrimination arises out of both the Equal Protection Clause (2) and, even more directly, Title VII of the Civil Rights Act of 1964. (3) A closer look, however, reveals that, in some circumstances, Title VII actually permits blatant, explicit sex discrimination. For example, under Title VII, a hospital can categorically exclude men from obstetrics-gynecological ("ob-gyn") nursing positions. How can this be the case? Despite its general prohibition of employment discrimination on the basis of sex, Title VII carves out an ...