PHILLIPS v. MARTIN MARIETTA CORP., 400 U.S. 542

Summary

Petitioner, a female job applicant, filed a sex discrimination action against respondent employer after she was told that respondent was not accepting applications from women with pre-school age children. The majority of applicants for the position petitioner sought were women. Respondent employed men with pre-school age children. The district court granted respondent's motion for summary judgment and the circuit court affirmed. On review, the Court vacated the award. 42 U.S.C.S. § 2000e-2 of Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., required that persons of like qualifications be given employment opportunities irrespective of their sex. The act did not permit one hiring policy for women and another policy for men. However, it was possible that the existence of conflicting family obligations could create a bona fide occupational qualification necessary for the operation of respondent's business. Therefore, summary judgment was improper. The Court vacated ...