Running up Against the Civil Rights Act: Does Joe Biden’s Promise of a Female Running Mate Violate Title VII?

20 Pages Posted: 19 Jun 2020

Date Written: June 9, 2020

Abstract

On March 15, 2020, Joe Biden announced, “I commit that I will in fact pick a woman to be vice president.” While widely praised for his decision, using gender as a qualification for the job raises questions concerning Title VII employment discrimination protections. This article examines the relevant case law to determine if Title VII is applicable to such a unique position. This includes the Darden test for determining employee / independent contractor classification, a potential volunteer status, the bona fide occupational qualification exception, customer preference, the overriding intent of Title VII, and an employment agency exception. Finally, pragmatic implications of such a practice are considered.

Keywords: Title VII, Employment law, Employment discrimination, Darden, Labor Law, Gender discrimination, BFOQ, Worker classification,

Suggested Citation

Conklin, Michael, Running up Against the Civil Rights Act: Does Joe Biden’s Promise of a Female Running Mate Violate Title VII? (June 9, 2020). Available at SSRN: https://ssrn.com/abstract=3623233 or http://dx.doi.org/10.2139/ssrn.3623233

Michael Conklin (Contact Author)

Angelo State University ( email )

2601 W. Avenue N
San Angelo, TX 76909
United States

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