Beach Bum Case Summary

Problem Set One: Beach Bum’s job advertisement has included some exclusionary words that would keep some applicants from apply to a lifeguard position. The use of “look good in bikini” would be discriminating against males due to the fact females wear bikini and it could result in disparate treatment lawsuit. Also, the use of “look good in bikini” would be discriminating against religion due to the fact some religions does not allow its practicing members to wear such garments. A lawsuit under religious discrimination can show failure to reasonably accommodate the person in this particular religion. Another view of “look good in bikini” could discriminate against some women and men that do not have a particular body type. A fourth view of “look good in bikini” could exclude those that are qualified that are over the age of 40. A fifth problem with the job advertisement is the words “work on tan” this could discriminate against people based on race because not all races work on their tans. A sixth problem with the job posting is “home for the summer” this could be looked upon as the employer is only looking
Beach Bum advertising for lifeguard candidates exclusively in newsletters and other publications by Tri-Delta sorority, which to managers produce the most attractive women. Discrimination practices can cause a negative light to be placed on the Beach Bum name and cause customers to no longer purchase Babes of the Beach merchandise.
Rule:
Under Title VII of the Civil Rights Act of 1964, “It shall be an unlawful practice for an employer…to print or publish or cause to be printed or published any notice or advertisement related to employment…indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin..” (Walsh,