Diaz v. Pan American World Airways

442 F.2d 385 (1971)

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Diaz v. Pan American World Airways

United States Court of Appeals for the Fifth Circuit
442 F.2d 385 (1971)

Facts

Celio Diaz (plaintiff), a man, applied for a flight-attendant position with Pan American World Airways (Pan Am) (defendant) in 1967. Pan Am rejected Diaz because it had a policy of only hiring females as flight attendants. Diaz filed suit on behalf of himself and other similarly situated people, asserting that Pan Am’s policy discriminated on the basis of sex in violation of the Civil Rights Act of 1964. Pan Am maintained that being female was a bona fide occupational qualification (BFOQ) necessary to performing the flight-attendant role. The district court agreed, basing its conclusion, in large part, on evidence that passengers preferred female flight attendants and that females had a superior ability to make passengers feel safe and comfortable. Diaz appealed.

Rule of Law

Issue

Holding and Reasoning (Tuttle, J.)

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