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second 267 (1971) ("Diaz") have given rise to a two
move BFOQ exam: (1) does the unique position less than consideration need that the employee be of
1 intercourse only and if so, (2) is that need fairly vital to the "essence" of the employer's company.
An illustration of the EEOC's refusal to acknowledge
a BFOQ for intercourse primarily based on customer desire is EEOC Decision No.
71-2338, 1973 EEOC Dec. 4437 (1971). There, the Commission regarded an employer's refusal to market a female to
the place of branch manager due to the fact the occupation associated accompanying male customers
to football online games, dinners and on searching outings.
4049. To this Court's knowledge, the EEOC has under no circumstances identified a BFOQ for sex apart from for positions
in the leisure sector where by intercourse authenticity is an vital qualification. Early on, the Equal Employment Opportunity Commission ("EEOC"), designed by Congress to administer Title VII,
pronounced that "the bona fide occupational qualification as to intercourse should really be interpreted narrowly." See EEOC Guidelines on Discrimination Because of Sex,
29 C.F.R.
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