DOCKERY
v.
UNITED STATES

U.S. | 1971-11-09
No. 71-5226
Mr. Justice Douglas is of the opinion that certiorari should be granted and case set for oral argument.
404 U.S. 950 Supreme Court of the United States (1971) Negative Treatment
Cited by 72 cases

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Cited By (67 total)

  • W. Air Lines, Inc. v. Criswell, 472 U.S. 400 (U.S. 1985)
    …ional origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.” 42 U. S. C. §2000e-2(e)(l). Diaz v. Pan American World Airways, Inc., 442 F. 2d 385 (CA5), cert. denied, 404 U. S. 950 (1971), provided authority for this proposition. In Diaz the court had rejected Pan American’s claim that a female-only qualification for the position of in-flight cabin attendant was a BFOQ under Title VII. The District Court had upheld the qualifi…
  • Usery v. Tamiami Trail Tours, Inc., 531 F.2d 224 (5th Cir. 1976)
    …ssentially on questions of Tamiami’s safety obligations, safe transportation of passengers being the essence of the motor carrier’s operations as this Court held in Diaz v. Pan American World Airways, Inc., 5 Cir., 1971, 442 F. 2d 385, cert. denied, 404 U.S. 950, 92 S.Ct. 275, 30 L.Ed.2d 267. Thus, in the District Court’s view, Tamiami could sustain its burden of justifying its application of the general rule (i) by showing that it had a factual basis for believing that otherwise its business operations (sa…
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  • Int'l Union v. Johnson Controls, Inc., 499 U.S. 187 (U.S. 1991)
    …bbs, 113 Ga. App. 181, 182-183, 147 S. E. 2d 517, 519 (1966); see also Restatement (Second) of Torts § 488(1) (1965). An example of a “peripheral” job qualification was in Diaz v. Pan American World Airways, Inc., 442 F. 2d 386 (CA5), cert. denied, 404 U. S. 950 (1971). There, the Fifth Circuit held that being female was not a BFOQ for the job of flight attendant, despite a determination by the trial court that women were better able than men to perform the “non-mechanical” functions of the job, such as att…

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