bfoq defense in Maine

7 Maine opinions name it 1 courts 1979–1993 0 in the last five years

The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

Case	Followed	Cited
Dothard v. Rawlinsongreen scotus · 1977 · cited in 4 Maine opinions naming this issue, 1979–1983 2 sentences 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct. 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct.	4	4
Silverstein v. Sisters of Charity of Leavenworth Health Services Corp.green coloctapp · 1979 · cited in 2 Maine opinions naming this issue, 1983–1983 2 sentences 1983Sterling Transit, 121 Cal.App.3d at 798 , 175 Cal. Rptr. at 551 ; see Silverstein v. Sisters of Charity, 43 Colo.App. 446 , 614 P.2d 891 (1979); Chicago, M., St. 1983Sterling Transit, 121 Cal.App.3d at 798 , 175 Cal. Rptr. at 551 ; see Silverstein v. Sisters of Charity, 43 Colo.App. 446 , 614 P.2d 891 (1979); Chicago, M., St.	2	2
James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. GREYHOUND LINES, INC., Defendant-Appellantgreen ca7 · 1974 · cited in 2 Maine opinions naming this issue, 1983–1983 2 sentences 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct. 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct.	2	2
cluster 333790green ca5 · 1976 · cited in 2 Maine opinions naming this issue, 1983–1983 2 sentences 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct. 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct.	2	2
Maine Human Rights Commission v. City of Auburngreen me · 1981 · cited in 1 Maine opinions naming this issue, 1993–1993 2 sentences 1993Sentinel also contends that the court’s award of back pay was excessive in that it was not reduced by an amount LeBlond could have earned through “reasonable diligence.” Maine Human Rights Comm’n v. City of Auburn, 425 A.2d 990, 998 (Me.1981). 1993Sentinel also contends that the court’s award of back pay was excessive in that it was not reduced by an amount LeBlond could have earned through “reasonable diligence.” Maine Human Rights Comm’n v. City of Auburn, 425 A.2d 990, 998 (Me.1981).	1	1
Plourde v. Scott Paper Co.green me · 1989 · cited in 1 Maine opinions naming this issue, 1993–1993 2 sentences 1993Plourde v. Scott Paper Co., 552 A.2d 1257, 1260 (Me.1989). 1993Plourde v. Scott Paper Co., 552 A.2d 1257, 1260 (Me.1989).	1	1
MAINE HUMAN RIGHTS COM'N, ETC. v. Canadian Pac.green me · 1983 · cited in 1 Maine opinions naming this issue, 1986–1986 2 sentences 1986The BFOQ defense “permits an employer to discriminate against an entire class of employees without requiring any individual assessment of each employee’s abilities.” Maine Human Rights Commission v. Canadian Pacific Ltd., 458 A.2d at 1231-32 (emphasis added). 1986The BFOQ defense “permits an employer to discriminate against an entire class of employees without requiring any individual assessment of each employee’s abilities.” Maine Human Rights Commission v. Canadian Pacific Ltd., 458 A.2d at 1231-32 (emphasis added).	1	1
Caribou School Department v. Caribou Teachers Ass'ngreen me · 1979 · cited in 1 Maine opinions naming this issue, 1982–1982 1 sentence 1982The use of appellate decisions interpreting foreign law as a guide to determining the meaning of similarly formulated local law provides one of the primary motivations for the adoption of uniform state laws. .For examples of Maine cases relying on the federal experience in matters other than employment discrimination see State v. Wells, Me., 443 A.2d 60, 63 (1982) (criminal procedure); Tibbetts v. Tibbetts, Me., 406 A.2d 70, 76 (1979) (domestic relations law); Caribou School Dept. v. Caribou Teachers Ass’n, Me., 402 A.2d 1279, 1284-85 (1979) (labor law); Wing v. Morse, Me., 300 A.2d 491, 495 (	1	1
Tibbetts v. Tibbettsgreen me · 1979 · cited in 1 Maine opinions naming this issue, 1982–1982 1 sentence 1982The use of appellate decisions interpreting foreign law as a guide to determining the meaning of similarly formulated local law provides one of the primary motivations for the adoption of uniform state laws. .For examples of Maine cases relying on the federal experience in matters other than employment discrimination see State v. Wells, Me., 443 A.2d 60, 63 (1982) (criminal procedure); Tibbetts v. Tibbetts, Me., 406 A.2d 70, 76 (1979) (domestic relations law); Caribou School Dept. v. Caribou Teachers Ass’n, Me., 402 A.2d 1279, 1284-85 (1979) (labor law); Wing v. Morse, Me., 300 A.2d 491, 495 (	1	1
Wing v. Morsegreen me · 1973 · cited in 1 Maine opinions naming this issue, 1982–1982 1 sentence 1982The use of appellate decisions interpreting foreign law as a guide to determining the meaning of similarly formulated local law provides one of the primary motivations for the adoption of uniform state laws. .For examples of Maine cases relying on the federal experience in matters other than employment discrimination see State v. Wells, Me., 443 A.2d 60, 63 (1982) (criminal procedure); Tibbetts v. Tibbetts, Me., 406 A.2d 70, 76 (1979) (domestic relations law); Caribou School Dept. v. Caribou Teachers Ass’n, Me., 402 A.2d 1279, 1284-85 (1979) (labor law); Wing v. Morse, Me., 300 A.2d 491, 495 (	1	1
State v. Wellsgreen me · 1982 · cited in 1 Maine opinions naming this issue, 1982–1982 1 sentence 1982The use of appellate decisions interpreting foreign law as a guide to determining the meaning of similarly formulated local law provides one of the primary motivations for the adoption of uniform state laws. .For examples of Maine cases relying on the federal experience in matters other than employment discrimination see State v. Wells, Me., 443 A.2d 60, 63 (1982) (criminal procedure); Tibbetts v. Tibbetts, Me., 406 A.2d 70, 76 (1979) (domestic relations law); Caribou School Dept. v. Caribou Teachers Ass’n, Me., 402 A.2d 1279, 1284-85 (1979) (labor law); Wing v. Morse, Me., 300 A.2d 491, 495 (	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
Percy v. Allen green me · 1982 2 sentences 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct. 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct.	3	1983–1984
Maine Human Rights Commission v. City of Auburn green me · 1979 2 sentences 1982A comparison of the Maine and federal formulations of the BFOQ defense, see notes 6 and 7 supra, reveals that the BFOQ exception set forth in the state statute “is not as clearly stated as the federal exception.” City of Auburn, 408 A.2d at 1266 . 1982A comparison of the Maine and federal formulations of the BFOQ defense, see notes 6 and 7 supra, reveals that the BFOQ exception set forth in the state statute “is not as clearly stated as the federal exception.” City of Auburn, 408 A.2d at 1266 .	3	1982–1983
Sterling Transit Co. v. Fair Employment Practice Commission green calctapp · 1981 2 sentences 1983Sterling Transit, 121 Cal.App.3d at 798 , 175 Cal. Rptr. at 551 ; see Silverstein v. Sisters of Charity, 43 Colo.App. 446 , 614 P.2d 891 (1979); Chicago, M., St. 1983Sterling Transit, 121 Cal.App.3d at 798 , 175 Cal. Rptr. at 551 ; see Silverstein v. Sisters of Charity, 43 Colo.App. 446 , 614 P.2d 891 (1979); Chicago, M., St.	2	1983–1983
Brennan v. Greyhound Lines, Inc. green scotus · 1975 2 sentences 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct. 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct.	2	1983–1983
Baker v. Atkins green scotus · 1975 2 sentences 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct. 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct.	2	1983–1983
Pellicci v. United States green scotus · 1975 2 sentences 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct. 1983We noted in Percy that successful assertion of a BFOQ defense in a gender discrimination case requires satisfaction of the two-pronged test [12] adopted by the United States Supreme Court in Dothard : the employer must prove by a preponderance of the evidence (1) that the essence of the business operation requires the discriminatory practice and (2) that it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. [13] Percy, 449 A.2d at 343 ; Dothard, 433 U.S. at 333 , 97 S.Ct.	2	1983–1983

Statutes the citing opinions construe

ME § Me. Rev. Stat. tit. 5, § 4572 (7) ME § Me. Rev. Stat. tit. 5, § 4612 (5) USC § 42u.s.c.2000e-2(e) (4) ME § Me. Rev. Stat. tit. 5, § 4573 (3) ME § Me. Rev. Stat. tit. 5, § 4631 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WA 10 (1980–2016) ME 7 (1979–1993) CT 3 (1982–1996) CA 3 (1981–1990) MA 3 (1983–2015) IL 2 (1988–1992) OH 2 (1972–1991) MT 2 (1984–1985) MN 2 (1992–2025) FL 2 (1978–1991) WV 2 (1994–2004) NJ 2 (1996–2003) MI 2 (1984–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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