The Court held that being a woman was not a necessary qualification to perform the duties required of flight attendants and ticketing agents and that Southwest's desire to continue their successful marketing campaign was not a business necessity that trumped federal law. The Court rejected Southwest's bona fide occupational qualification defense, finding that even though Southwest's marketing relied on sexual titillation, their decision to hire only women in certain roles was not permissible. In response, Southwest contended that its female employees were integral to the company's success and that their employment fell under the bona fide occupational qualification exception in Section 703(e)(1) of the Civil Rights Act of 1964. They also claimed that Southwest's height and weight requirements for flight attendants disproportionately excluded male applicants compared to female applicants. Plaintiff Gregory Wilson, along with a class of over 100 male job applicants, challenged Southwest Airlines' refusal to hire men, arguing that it violated Title VII of the Civil Rights Act of 1964. At the time of the case's decision, Southwest was the only major airline in the United States that refused to employ men as flight attendants and ticketing agents. Facts ĭuring the 1970s, Southwest Airlines embraced a marketing strategy emphasizing “feminine spirit, fun, and sex appeal.” The airline, branding itself as the "love airline," outfitted its flight attendants in hot pants and go-go boots and provided passengers with complimentary drinks referred to as "love potions." As a part of maintaining this image, Southwest exclusively hired women for flight attendant and ticketing agent positions. Bona fide occupational qualifications are qualities or attributes that employers are allowed to consider when hiring employees, which would otherwise be considered illegal discrimination in other circumstances. The law contains an exception for bona fide occupational qualifications, allowing businesses to hire on the basis of religion, sex, or national origin in instances where it is a qualification reasonably necessary for their operations. Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race, color, religion, sex, or national origin. 1981), is a US employment discrimination law case concerning bona fide occupational qualifications. v Southwest Airlines Co.Ī tangential requirement for a position is not a bona fide occupational qualification as a defense for discrimination on the basis of sex.Įmployment discrimination bona fide occupational qualification (BFOQ) Just last month, Southwest’s pilot union voted to authorize a strike.United States District Court for the Northern District of Texas "This extensive negotiation looks messy, but doesn’t impact travelers at the end of the day," Keyes said.Ĭontract negotiations are still in the works for Southwest Airlines pilots. Southwest Airlines workers have demanded improvement of working conditions, including an increase in pay and an upgrade to the airline’s dated scheduling software, especially after the 2022 holiday travel debacle that left hundreds of thousands of people stranded. Recently, flight attendants picketed outside Dallas Love Field Airport. It’s no surprise they were able to come to an agreement here," he said. So you can imagine the airline is eager to not have another PR nightmare. "This comes on the heels of the meltdown in the December/Christmas/New Year period. Scott Keyes is the founder of, which helps travelers find cheap flights. It revealed negotiation sessions took place last week.įor the first two weeks of June, the final contracts will be presented and reviewed, but the details can’t be revealed until they’re finalized. The union's prior contract expired in 2018, but discussions kept getting stalled due to the COVID-19 pandemic and multiple systemwide meltdowns.Īn email was sent out to the nearly 19,000 Southwest Airlines flight attendants, part of the Transport Workers Union Local 556. Southwest Airlines flight attendants and mechanics received a notice negotiations between its workers’ union and the Dallas-based company have resulted in an agreement. Now, the month of June will be dedicated to drawing up the details, which are yet to be released. There are many steps in this process for a new contract, but we know an agreement has been made.
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