Private Nurses and Playboy Bunnies: Explaining Permissible Sex Discrimination

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19 Scopus citations

Abstract

Discrimination on the basis of sex in employment is illegal - usually. In cases in which employers contend that sex-based hiring is necessary to protect the privacy interests of their customers, however, and in cases in which employers contend that sex-based hiring is necessary to provide a particular type of sexual titillation for their customers, courts sometimes do allow employers to discriminate. Courts say that they allow sex discrimination in employment when it is necessary to preserve the "essence of the business." This Article shows, however, that there is no plausible conception of business "essence" that can explain and make sense of the existing case law. The Article therefore looks beyond the courts' rhetoric to explain and defend why courts distinguish in the ways they do between permissible and impermissible sex discrimination in employment.

Original languageEnglish (US)
Pages (from-to)147-213
Number of pages67
JournalCalifornia Law Review
Volume92
Issue number1
DOIs
StatePublished - Jan 2004

ASJC Scopus subject areas

  • Law

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