Berry v. Great American Dream
Summary
A dancer, Amanda Berry, gets fired from a live adult entertainment facility called Pin Ups. A month after she learns she is pregnant, she gets fired. Berry then retaliates by suing the parent company, Great American Dream INC, under Title VII, as amended by the Pregnancy Discrimination Act. The defense claimed that even if the termination was due to pregnancy, it was justified under the “bona fide occupational qualifications.”
Issue
Was Berry’s job termination justified by BFOQ (Bona fide occupational qualification) defense?
Rule
BFOQ defense is a defense borrowed from Title VII of the Civil Rights Act of 1964 which provides that “it is an unlawful employment practice for an employer to discharge any individual, or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, because of such Individual’s sex.”
Application
Since the defense was inconsistent on deeming pregnancy being related to sex appeal, the BFOQ argument was not valid. This was proven through two managers’ statements who claimed that pregnant dancers were asked to dance on the floor instead of the stage but not terminated. Sex appeal should be judged on an individual basis to determine if she had the requisite sex appeal, rather than dismissing pregnant dancers simply because they are pregnant.
Conclusion
Defendant’s Motion for Partial Summary Judgment is dismissed.