Wilson v. Southwest Airlines Company

517 F.Supp. 292 (1981)

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Nature of the Case

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Facts

Ps, a class of over 100 male job applicants challengedD's open refusal to hire males as a violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. D conceded that its refusal to hire males was intentional. D contends that the BFOQ exception to Title VII's ban on sex discrimination, 42 U.S.C. § 703(e), justifies its hiring only females for the public contact positions of flight attendant and ticket agent. D reasons it may discriminate against males because its attractive female flight attendants and ticket agents personify the airline's sexy image and fulfill its public promise to take passengers skyward with 'love.' D claims maintenance of its females-only hiring policy is crucial to the airline's continued financial success. From its rocky start, D needed instant recognition and a 'catchy' image to distinguish it from its competitors. The Bloom Agency determined that the relatively short-haul commuter market that D hoped to serve was comprised of predominantly male businessmen. Bloom suggested that D break away from the conservative image of other airlines and project to the traveling public an airline personification of feminine youth and vitality. D developed its now famous 'Love' personality. D projects an image of feminine spirit, fun, and sex appeal. Its ads promise to provide 'tender loving care' to its predominantly male, business passengers. D gained national and international attention as the 'love airline.' Southwest Airlines' stock is traded on the New York Stock Exchange under the ticker symbol 'LUV'. In 1977 when Southwest opened five additional markets in Texas, the love theme was expanded to 'WE'RE SPREADING LOVE ALL OVER TEXAS.' D has employed only females in the high customer contact positions of ticket agent and flight attendant. D's attractive personnel, dressed in high boots and hot-pants, generated public interest and 'free ink.' D used sex appeal to attract male customers to the airline. According to D, its female flight attendants have come to 'personify' D's public image. D has enjoyed enormous success in recent years. D's unique, feminized image played and continues to play an important role in the airline's success. D contends its attractive flight attendants are the 'largest single component' of its success.