Problem: Beverly was an inventory clerk when she applied for a job as a warehouseman. Her two separate requests were denied. Her employer admitted that she was not allowed to apply for the position entirely because of her sex. Ir argued that this refusal was based on a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of its business, which included lifting weights more than 40 pounds. She argued that Title VII requires her to be treated as an individual rather than as a person who identified as female.
- Was this practice permissible?
- Was it relevant that it would be dangerous and costly to test for those individuals who could perform the work without risk?
- If you were advising the employer in this situation, what would you recommend?