Terry wants to be hired to play the character of Snow White. Terry is a man. How will discrimination laws and cases affect Terry’s case?
Terry's application is turned down because he is a man.
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Terry doesn't have much of a chance of forcing his way into the young lady's dress, no matter how good an actor he is. He'd be better off pulling a Tootsie.
Title VII in the discrimination laws keeps employers from discriminating based on sex. While in theory this would work in his favor, Title VII also allows discrimination based on "Bona Fide Occupational Qualification" (BFOQ). That means a man can't force his way into a job only a woman could do, or vice-versa. In the situation with Snow White, the part was written for a woman as Snow White is female. That is a requirement for the job that a man could not fulfill. It's not about whether Terry is a qualified actor or not...he's lacking biologically. Sex can be used as a BFOQ.
The laws against gender discrimination were not meant to create to absolute employment equality, but rather protect men and women from unfair bias. Besides, if there wasn't some discretion in the law you'd end up with a squad of male cheerleaders, and nobody wants to see that.
Interestingly, if an African American woman went out for the part (and was equally qualified) she would have a case. Race cannot be a BFOQ.
First of all snow white is a woman, but that's only because people only thinks of this person as a woman. He could argue that gender does not have to be followed just to act out any role. He may play the role of snow white better than any woman can. Terry needs to state his case of discrimination as anyone should be able to play the role of snow white.
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