Private nurses and playboy bunnies: explaining permissible sex discrimination

Area of Science:

• Employment Law
• Labor Economics
• Sociology of Law

Background:

• Sex discrimination in employment is generally illegal in the United States.
• Exceptions exist where employers argue sex-based hiring is necessary for customer privacy or to provide sexual titillation.
• Courts often cite the preservation of the "essence of the business" to justify these exceptions.

Purpose of the Study:

• To critically analyze the legal concept of "business essence" as applied to sex discrimination in employment.
• To demonstrate the implausibility of "business essence" in explaining existing case law.
• To offer an alternative framework for understanding judicial distinctions in permissible and impermissible sex discrimination.

Main Methods:

• Analysis of existing legal precedents and case law regarding sex discrimination in employment.
• Theoretical examination of the concept of "business essence" in legal and economic contexts.
• Comparative legal analysis to identify patterns and inconsistencies in judicial reasoning.

Main Results:

• The "business essence" doctrine fails to provide a coherent or plausible explanation for court decisions on sex discrimination.
• Existing case law reveals inconsistencies in how courts apply sex-based employment exceptions.
• Judicial decisions appear to be influenced by factors beyond the stated "business essence" rationale.

Conclusions:

• The "business essence" justification for sex discrimination in employment is legally and conceptually flawed.
• A deeper examination of judicial reasoning is needed to understand the true basis for allowing or disallowing sex discrimination.
• Revisiting the legal standards for sex-based employment exceptions is crucial for ensuring equitable labor practices.