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POS 211-Diaz v Pan Am

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lu Alex

on 27 October 2016

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Transcript of POS 211-Diaz v Pan Am

DIAZ v. PAN AM

By: Luci E. Alexander
CONCLUSION
1902- 2nd Boer War Ended. 28,000 Boers died in Camps.

BOER Republics merged (Transvaal & Orange) into British Colonies w/ South African Act of 1909.
WHAT?


RESULT?
SA Farmers almost won until British Commander adopted their military tactics, taking Bloemfontein & Pretoria from Afrikaner control in 1900.
WHO?
WORKS CITED:



HOW?
3. Male Stewardness:
http://legalhistoryblog.blogspot.com/2015/03/mayeris-jotwell-review-of-tiemeyers.html?m=0
WHY?

WHY IMPT?
CELIO DIAZ, Jr. - Appellant


2. Pan Am Stewardness:
alamy.com/stock-photo-pan-am-air-stewardesses-august-1972-p004649-20445011.html
1. Pan Am Job App:
pinterest.com/pin/517562182150531711/
PAN AMERICAN AIRWAYS, INC. -Appellee
HOWEVER, under Title VII, sex can be a bonafide occupational qualification (BFOQ).
Pan Am - 8/1972
v.
Diaz, a married father of two from Miami, applied for flight attendant job at Pan Am in 1967-DENIED for 2nd time!
Suit Filed in
District Court of Southern FL
Only men served as flight stewards at the dawn of commercial aviation. By the 1950's ALL major carriers reinvented the occupation as exclusively female- targeting businessmen as their core customer base. "Airline managers unequivocally stated that men need not apply". (Citation #5)
Title VII, CIVIL RIGHTS ACT of 1964: "May not fail to hire or discharge individual based on race, color, religion, sex or national origin." (EEOC)
BFOQ-"A quality or attribute that employers are allowed to consider when making decisions on the hiring and retention of employees. Such qualifications must be listed in the employment offer ". (Citation #5)
BFOQ-Valid only if essence of business operation would be undermined by both sexes.
Pan Am argued that real men are to "masculine to provide the nurturing, maternal essence of flight attending". (Citation #5)
Pan Am Response: Being female was BFOQ -Customers prefer women & essence of business is to transport passengers.
Pan Am's shrink & expert witness: effeminate male flight attendants would make a male passenger "uneasy" because they may arouse feelings in him he would rather not arouse." (Citation #5)
U.S. Fifth Circuit Court of Appeals, citing Section 706 (g) of CIVIL RIGHTS ACT of 1964, decided:
District Court of Southern FL upheld:
Since 1971 decision, thousands of men have served as flight attendants
"Male passengers would feel more masculine and thus more at ease in the presence of a young female attendant".
Flight Attendant's job was to transport passengers safely NOT reassure male passengers masculinity.
Pan Am Punishment:
Back Pay for male apps denied due to their gender.
4. Male Crew:
Confessionsofatrolleydolly.com/2015/10/12/the-history-of-the-homosexual-flight-attendant/im_so_excitedstewards-jpg-crop-rectangle3-large/
5. Case Text:
law.justia.com/cases/federal/district-courts/FSupp/346/1301/1878815/
"If you're single, healthy, over 21, btw 5.3-5.9 ft....."
Decided : 8-10-1972
Full transcript