Case Analysis
Case Questions
Do you think the Court should require actual evidence of discrimination in disparate
treatment cases rather than permitting an inference? What are the advantages? Disadvantages?
Practically speaking, is an employer’s burden really met after the employer “articulates” a
legitimate non–discriminatory reason for rejecting the employee? Explain.
Does the Court say that Green must be kept on in spite of his illegal activities? Discuss.
Wilson v. Southwest Airlines Company, 517 F. Supp. 292 (N.D. Tex. Dallas Div. 1981)
A male sued Southwest Airlines after he was not hired as a flight attendant because he
was male. The airline argued that being female was a BFOQ for being a flight attendant.
The court disagreed