scouts-l Mail Archive for May of 2000: BFOQ (used to be Re: At the Supreme Court)?
Darryl Hammill (darryl.hammill@NCMAIL.NET
Tue May 02 2000 - 15:07:31 CDT
There's something of a legal precedent to consider in this matter. Under certain
circumstances in employment situations, there are what are referred to as Bona
fide occupational qualifications. Under the law against discrimination, there is
an exception to the rule that an employer, employment agency, labor union, or
other person may not discriminate on the basis of protected status; that is if a
bona fide occupational qualification (BFOQ) applies.
For instance, it would be legit to discriminate against a Jewish Rabbi seeking to
become a Baptist minister. You can think of other similar situations. I believe
this may be how Hooters has remained "female only" food servers too. Granter, we
Scouters are volunteers, but I still wonder how is it that the BSA could not make
a valid argument along these lines?
I was quite shocked to find out this was a legal maneuver designed to protect
organizations and employers.