Reference no: EM132147400

Title VII of the Civil Rights Act of 1964 (CRA-64) After substantial debate, Congress enacted the Civil Rights Act of 1964. Title VII of the CRA-64, called the Fair Employment Practices Act, was intended to eliminate job discrimination based on the following protected classes: 1) race, 2) color 3)national origin, 4) sex, and 5) religion. As amended by the Equal Employment Opportunity Act of 1972, section 703(a)(2) of Title VII provides in pertinent part that; It shall be an unlawful employment practice for an employer 1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individuals race, color, religion, sex or national origin; or 2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individuals race, color, religion, sex or national origin. Bonafide Occupational Qualification(BFOQ). Although the prohibition against sex discrimination applies equally to men and women, the overwhelming majority of Title VII sex discrimination cases are brought by women. The old airline practice of ignoring the marital status of male flight attendant but hiring only single female flight attendants is an example of such discrimination. In 1978, the Pregnancy Discrimination Act was enacted as an amendment to Title VII. This amendment forbids employment discrimination because of “pregnancy, childbirth, or related medical conditions.” Thus, a work rule that prohibits the hiring of pregnant women violates Title VII. Fact pattern 36.1 At the age of 60, Manuel Fragante emigrated from the Philippines to Hawaii. In response to a newspaper ad, Fragante applied for an entry-level civil service clerk job with the City of Honolulu’s Division of Motor Vehicles and Licensing. The job required constant oral communication with the public, either at the information counter or on the telephone. Fragante scored the highest of 731 test takers on a written examination that tested word usage, grammar, and spelling. As part of the application process, two civil service employees who were familiar with the demand of the position interviewed Fragante. They testified that his accent made it difficult to understand him. Fragante was not hired for the position, which was filled by another applicant. Fragante sued, alleging national origin discrimination in violation of Title VII. Who wins? Explain your answer.