C.F.R. » Title 41 » CHAPTER 60—OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL EMPLOYMENT OPPORTUNITY, DEPARTMENT OF LABOR › PART 60-20—DISCRIMINATION ON THE BASIS OF SEX

41 C.F.R. § 60-20.3

Sex as a bona fide occupational qualification

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Contractors may not hire and employ employees on the basis of sex unless sex is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the contractor's particular business or enterprise.

Notes of Decisions
Cited in 6 cases, 1974–1981 · leading case: Cleveland Bd. of Educ. v. LaFleur, 414 U.S. 632 (1974).
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Cleveland Bd. of Educ. v. LaFleur, 414 U.S. 632 (1974). · cites it 2× “401 (b) (Civil Service Commission); 41 CFR § 60-20.3 (g) (Office of Federal Contract Compliance).”
Prescod v. Unemployment Ins. Appeals Bd., 57 Cal. App. 3d 29 (Cal. Ct. App. 1976). · cites it 2× “§§ 202-203 ; 41 C.F.R. § 60-20.3 (g)), and the applicable guidelines under the executive order specifically provided, so far as here pertinent: “(1) Women shall not be penalized in their conditions of employment because they require time away from work on account of childbearing.”
Laurie L. Abraham v. Graphic Arts Int'l Union, 660 F.2d 811 (D.C. Cir. 1981). “See 41 C.F.R. § 60-20.3 (g)(2) (1980). 67 . Compare Nashville Gas Co.”
Pan Am. World Airways, Inc. v. Marshall, 439 F. Supp. 487 (S.D.N.Y. 1977). “41 C.F.R. § 60-20.3 (g)(l) and (2) (1976).”
Geduldig v. Aiello, 417 U.S. 484 (1974). · cites it 2× “27, 1973) (proposed 41 CFR § 60-20.3 (h) (2)). [8] However, "[i]t is important to remember, especially in the cost context, that if an employee is being paid his regular pay while disabled, he cannot collect disability pay.”
Contractor's Payment of Employees' Membership Dues for Private Clubs With Discriminatory Practices (OLC 1977). “A nother provision cited in the memorandum is 41 C FR § 60-20.3(c), which states that an employer “must not make any distinction based upon sex in employment opportunities.”
— 41 C.F.R. § 60-20.3(c) — 1 case
Contractor's Payment of Employees' Membership Dues for Private Clubs With Discriminatory Practices (OLC 1977). “A nother provision cited in the memorandum is 41 C FR § 60-20.3(c), which states that an employer “must not make any distinction based upon sex in employment opportunities.”
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