Cardozo Journal of Equal Rights & Social Justice
Abstract
The note examines the tension between preserving cultural identity and navigating the demands of globalization, particularly in the context of employment discrimination under Title VII of the Civil Rights Act. It focuses on the "bona fide occupational qualification" (BFOQ) exception, which allows employers to discriminate based on certain qualifications essential to the job. The analysis critiques the narrow interpretation of BFOQ by courts and explores its application in religious and gender discrimination cases, proposing a balanced approach to reconcile business needs with anti-discrimination principles.
Disciplines
Constitutional Law | Fourteenth Amendment | Jurisdiction | Labor and Employment Law | Law | Law and Gender | Law and Politics | Legislation
Recommended Citation
Richard F. Brueckner,
Flying Into Mecca: When Gender Should be a Bona Fide Occupational Qualification for Expatriation Assignments in Female-Hostile Host Countries,
21
Cardozo J. Equal Rts. & Soc. Just.
169
(2014).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol21/iss1/7
Included in
Constitutional Law Commons, Fourteenth Amendment Commons, Jurisdiction Commons, Labor and Employment Law Commons, Law and Gender Commons, Law and Politics Commons, Legislation Commons