Single Sex Gyms and BFOQs

Speaking of BFOQs, which fellow guest-blogger Paul McGreal happens to be (scroll down), I posed the following hypothetical to my employment seminar the other day:

 

A gym runs a chain of 30 all women’s clubs and employs 150 workers, all of whom are female.  The gym markets itself to those women who are “naturally modest,” “who value their privacy,” and features workout equipment that is “specifically built for women.”  The décor is a pale mauve and purple, as are the workout machines.  Each club features a large number of dance, aerobic, and pilates classes, which are generally more popular among women than men.  If a qualified man wants to apply for a position as a receptionist, personal trainer, or locker room attendant, may the gym assert a BFOQ defense?

 

I enjoyed doing some law review research into BFOQs, especially because the titles of the articles on the topic are, to say the least, rather eye-catching.  For example, Ann McGinley’s recent article appearing in the Duke Journal of Gender Law and Policy is titled “Babes and Beefcake: Exclusive Hiring Arrangements and Sexy Dress Codes,” while Kim Yuracko’s well-known article on BFOQs in the California Law Review is titled “Private Nurses and Playboy Bunnies: Explaining Permissible Sex Discrimination.” As both articles explain, BFOQs are generally recognized in the areas of safety, authenticity, and privacy.  (In the hypo I posed to the class, privacy is the operative concern).

 

In any event, I’m following Paul’s posts with interest and look forward to reading his forthcoming article.  

 

P.s. “BFOQ” is pronounced by spelling out each letter of the acronym.  Pronouncing the acronym as a word is not recommended, unless of course you want your class to giggle and/or laugh at you.

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