Генедерная дискриминация в авиационной отрасли: эффективность раздела VII

Abstract

The publication is translation of paper by Denis Binder (professor of law, Chapman University), published in California Law Review in 1971. The article highlights the important legal issues related to gender discrimination in the workplace. The author analyzes the principle of bona fide professional qualification, its content, interpretation in law enforcement practice as the only legitimate exceptions established by the Civil Rights Act of 1964’s the prohibition of sex discrimination. The author analyzes a broad approach to the interpretation of the principle of bona fide occupational qualifications based on any common characteristics in general are related to gender and a narrow approach of assessing individuals based on individual qualities, not on the basis of common characteristics of the sex. The author substantiates the necessity of narrow interpretation of the principle of bona fide occupational qualifications. Also in the article was analyzed the reasoning by the courts the position of the employer when this employer conceders an additional factors such as presence of children or marital status and using of the developed approaches to disputes of the airlines with the stewardesses. In addition to the prohibition of marriage there also was the age limit for stewardesses, when many airlines were automatically dismissed them upon reaching 32—35 years without taking into account individual characteristics of women, while the age of retirement of male stewards was 65 years. According to the author the collective agreements can be very effective in resolving existing problems for stewardess restrictions, which, however, does not eliminate practices of discrimination completely. The author has argued the necessity of the case law development in order to force the airline to refuse sex discrimination at all stages of employment.