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Keywords

damagesinjunctiontrialdiscriminationclass actioncivil rightsconciliationappellant
damagesinjunctiontrialdiscriminationclass actioncivil rightsconciliationappellant

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Diaz v. Pan America World Airways, Inc.

Facts

Celio Diaz applied for a job as flight cabin attendant with Pan American Airlines in 1967. He was rejected because Pan Am had a policy of restricting its hiring for that position to females. He then filed charges with the Equal Employment Opportunity Commission (EEOC) alleging that Pan Am had unlawfully discriminated against him on the grounds of sex. The Commission found probable cause to believe his charge, but was unable to resolve the matter through conciliation with Pan Am. Diaz next filed a class action in the United States District Court for the Southern District of Florida on behalf of himself and others similarly situated, alleging that Pan Am had violated Section 703 of the 1964 Civil Rights Act by refusing to employ him on the basis of his sex; he sought an injunction and damages.

Celio Diaz applied for a job as flight cabin attendant with Pan American Airlines in 1967. He was rejected because Pan Am had a policy of restricting its hiring for that position to females. He then filed charges with the Equal Employment Opportunity Commission (EEOC) alleging that Pan Am had unlawfully discriminated against him on the grounds of sex. The Commission found probable cause to believe his charge, but was unable to resolve the matter through conciliation with Pan Am. Diaz next filed a class action in the United States District Court for the Southern District of Florida on behalf of himself and others similarly situated, alleging that Pan Am had violated Section 703 of the 1964 Civil Rights Act by refusing to employ him on the basis of his sex; he sought an injunction and damages.

Issue

Whether Pan American Airlines' refusal to hire appellant and his class of males solely on the basis of their sex violates 703(a)(1) of Title VII of the 1964 Civil Rights Act.

Whether Pan American Airlines' refusal to hire appellant and his class of males solely on the basis of their sex violates 703(a)(1) of Title VII of the 1964 Civil Rights Act.

Rule

It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex or national origin. It is not an unlawful employment practice for an employer to hire and employ employees on the basis of sex in those instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business.

It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex or national origin. It is not an unlawful employment practice for an employer to hire and employ employees on the basis of sex in those instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business.

Analysis

The court found that the trial court's conclusion that being a female was a bona fide occupational qualification was not justified. The court emphasized that the essence of the business operation would not be undermined by hiring males, as the primary function of an airline is to transport passengers safely. The court noted that while customer preferences may be considered, they cannot justify sex discrimination unless they are based on the company's inability to perform its primary function.

The court found that the trial court's conclusion that being a female was a bona fide occupational qualification was not justified. The court emphasized that the essence of the business operation would not be undermined by hiring males, as the primary function of an airline is to transport passengers safely. The court noted that while customer preferences may be considered, they cannot justify sex discrimination unless they are based on the company's inability to perform its primary function.

Conclusion

The court reversed the judgment of the district court and remanded for further proceedings.

The court reversed the judgment of the district court and remanded for further proceedings.

Who won?

The appellant, Celio Diaz, prevailed in the case because the court held that the airline's policy of hiring only females was discriminatory and not justified under the bona fide occupational qualification exception.

The appellant, Celio Diaz, prevailed in the case because the court held that the airline's policy of hiring only females was discriminatory and not justified under the bona fide occupational qualification exception.

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