Abstract
On March 15, 2020, Joe Biden announced, “I commit that I will in fact pick a woman to be vice president.” While widely praised for his decision, using gender as a qualification for the job raises questions concerning Title VII employment discrimination protections. This article examines the relevant case law to determine if Title VII is applicable to such a unique position. This includes the Darden test for determining employee / independent contractor classification, a potential volunteer status, the bona fide occupational qualification exception, customer preference, the overriding intent of Title VII, and an employment agency exception. Finally, pragmatic implications of such a practice are considered.
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