Discrimination is illegal and should never form the
basis for limiting people’s access to social amenities, education or
employment. However, there are certain instances where discrimination can be
justified. The bona fide occupational qualification
defense is an aspect that makes discrimination legitimate but depends on the
circumstances. BFOQ is a criterion that makes it legitimate for employers when
hiring. The defense has to be legitimate in the sense that all those people
discriminated and excluded from the employment opportunity have to lack the
capacity to perform the job needed. A good example is a male modeling agency.
Such an institution cannot hire female models because the businesses are
tailored towards the development of male designs. As a result, the employer has
a legitimate reason for discriminating against female models during hiring. The
defense in this situation is that female model cannot wear male designs. In the
case study, the Casual sports bar and restaurant works on the ideology that the
use of female only employees is a theme that is beneficial for the businesses.
The sex theme used by the business is used as the Bona fide occupational
qualification and is locking out people of other sex from employment
opportunities in the business.
Sex as an appeal has been used for many years, and
businesses use it for the attraction of customers. It is also a factor greatly
used in advertising. Sex uses imagery depicting women in scanty clothes and use
of their nakedness for business promotion. In some cases, it is considered as
one of the strongest, and sometimes the most effective tools used for selling
of products and many businesses have arranged their operations and marketing
campaigns in inclination towards the use of sex for marketing. Sex is not a
recent invention and has, therefore, been used for generations with some of the
largest brands in the world such as Calvin Klein have had great success thanks
to the use of sex for advertising. Marketing through sex works based on
underlying human factors of survival such as shelter food and mate which mostly
relates to sex. The combination of these factors with our brains functions of
emotions and logic makes sex very important factors of reasoning. This makes
sex very important in advertising and most cases humans only respond to
messages that imply about sex. For years studies have been developed in the
fields of business and marketing to develop better ways of increasing sales and
sex has developed to be great psychological aspects of the success of a
business. It is for this reason that business creates sex as themes of operation
and make them selling points for them.
The casual sports bar/restaurant is a great example
of a business that capitalizes on the use of sex to drive sales. However, this
business has capitalized on the female aspect of sex and left out the other genders.
It has used this aspect as its qualification for hiring where it only hires
female staff and leaves out the rest. This is a form of discrimination based on
gender. According to the Bona fide Occupational Qualification, an employer has
to have justification for the discrimination. This justification has to show
that the other genders cannot perform the tasks and in this case, there is no
clear justification because most of the employment opportunities in the
restaurant can be carried out by both genders.
Additional articles
How to write a table of contents for APA formatting style We can all agree that writing styles are not a walk in the park. Some of them take a while to master and even those still have some elements you learn as you go. One of the main writing ...Unpacking-the-Q&A:-An-APA-Table-of-Contents-for-In-Depth-Analysis …
Read ArticleFacts Fraud is the false depiction of a matter of fact in the conduct or words, making false or misleading allegations or by concealing what should have been disclosed. Therefore, fraud in law is the deliberate deception to secure unfair or unl...Enron:-The-Smartest-Guys-in-the-room …
Read ArticleHow would you classify the exchange rate regime used by Russia over the 1991–2014 period? The Russian ruble has experienced a wide range of regime shift in the economy of Russia since opening in 1991. For the period between 1991 and 1998, the...Case-Study:-Russian-Ruble-Roulette …
Read Article