Legal Question in Employment Law in California

California's Fair Employment and Housing Act ("FEHA") prohibits discrimination based on gender unless there is a �Bona Fide Occupational Qualification� (�BFOQ�). In order to establish a BFOQ, an employer must show the following:

1. the occupational qualification is �reasonably necessary to the normal operation of the particular business�; and

2. �all or substantially all� persons with the protected class characteristic (here, females) fail to satisfy the qualification.

3. Some courts also require the employer to show that, because of the nature of the business, it could not rearrange job responsibilities so as to reduce the necessity for the BFOQ.

Based on your description, there does not seem to be any such BFOQ (there are security guards and bar backs) that would permit the gender-based discrimination. Instead, the manager�s decision appears to be solely based on a preference for male bartenders. Moreover, the threat of a write-up for insubordination based on you questioning the decision may also constitute unlawful retaliation, also a violation of the FEHA.

Of course, it is impossible to fully assess your situation without speaking with you and getting more information. My office would be happy to speak with you and see what can be done to address these issues. Feel free to call us at (877) 877-2545. You can also visit our website, www.sarnofflaw.com, for more information and to complete our Confidential Online Case Evaluation Questionnaire. This is the best way to get us much of the information we need to review your claims.