Just because your dance studio engages in discriminatory hiring does not mean it is legal. However, courts might that being a female is a bona fide occupational qualification in that circumstance (though it is not certain).
For the drivers, the company would have to prove that being female was a bona fide occupational qualification. It is not enough to say that, based on stereotypical notions of men, men are more likely to assault women, and customers therefore prefer female drivers. But if there were some actual data showing that the rape or harassment of women by uber- type drivers was a real, widespread problem in some geographical area, for example, I think there is a chance a court would allow it.
Here’s an example of how the analysis goes, from another context (home health care workers, where certain femake customers had both privacy and safety concerns about male care givers being assigned to their case):
I don’t know the law on this but my H (who is an OB-gyn) hires only female nurses since part of their job is to be in the room when he examines a woman, and that serves as protection should someone accuse him of something improper. It would be presumed that a female nurse who testifies “I was present during this exam and nothing inappropriate occurred” would be more believable than a male nurse testifying the same.
Many OB practices explicitly seek to hire female OBs because there’s a demand for them. Again I don’t know the legalities involved.
Several of my friends and relatives prefer female ob/gyns. I can certainly understand docs wanting to protect themselves from accusations on improprieties. My OB does have a female staff present when he does exams.
It probably is illegal. But the fact of the matter is that many of your DH’s patients would request that the male nurse NOT be present during the exam. I don’t know how your DH would be expected to work around that problem other than the way he has chosen to.
Also wonder about the massage salons that have sprung up in shopping centers and malls of late. I avoid them because I find the therapists are less experienced. But the one time I did use one - think it was called Hand and Stone or something like that - I was specifically asked whether I wanted a male or female therapist. I noticed that the vast majority of the therapists were female in any event.
I think it would be legal because it is a privacy issue. The customer preferences aren’t based on stereotypes but on the fact that fairly intimate touching is involved. The fact that customers want a same-sex massage therapist is a bona fide occupational qualification.
I’m sure that they do. But as I noted upthread, an article in the Boston Globe noted that when women’s only health club became popular (such as Curves), the state legislature had to amend the anti-discrmination law to allow such facilities to hire women only.
Right. Most people think Hooters would have lost if the cases hadn’t settled. The question is, are they primarily selling sex or selling food? If the primary biz purpose is to sell sexual titillation – like at a Playboy Club – then female well-endowed waitresses would be a BFOQ. (Im not an employment lawyer; going off of long-lost memory from law school and clerkships here).
My 16 yo D has used Uber to get around Boston for several years when taking the T is not going to work. I love Uber for these reasons: she does not need to carry cash or a card with her, it gets charged to my account, she can summon a ride using the app on her phone, they notify her who her driver is and what the car looks like before the ride picks her up, and I get notified when she lands where ever she is going with the drivers info and cost. It typically costs less than a cab ride, but that is not a driving factor for using it. I prefer Uber to an unknown cab driver she hails from the sidewalk. D has never had an issue using Uber several times a months for the past 2-3 years.
In response to @novafan1225, I don’t think you’d have to be out of your mind to drive for Uber as a woman. I have a friend who does and she loves it. Pretty sure you have to be 21 so a 19 year old female is out, though But anyway, if you personally aren’t comfortable with the idea that’s fine. But saying that any female who does it is out of her mind is pretty much the same as the men you criticize.
Although I’ve never actually heard a man criticize a woman for taking Uber, but I’ll take your word got it that you have.
I have a SIL who has driven fro Uber for about a year without issue and a female friend who recently started driving for Lyft. Both like the money and flexible hours. At least with Uber, the driver knows the identity of the rider so I assume there are fewer security concerns.
