Martucci Quoted in Corporate Counsel on Legality of Female-Only Ridesharing

Shook, Hardy & Bacon Partner and National Employment Litigation & Policy Practice leader Bill Martucci weighs in on whether a business that employs and serves only females is legal in an April 14 Corporate Counsel article titled, “A ‘Women-Only Uber’ Is About To Launch. But Is It Legal?”

Noting that it’s going to be “a challenging uphill battle” for Boston-based ridesharing company Chariot for Women, Martucci says, "The laws are so strongly in favor of everyone being considered for an individual position based on individual qualifications.” However, Martucci adds, it is possible to successfully argue a BFOQ (bona fide occupational qualification) if the company has important justifications for why the drivers must be female.

In the past, using gender preference as a BFOQ has failed, but Martucci says that a company may be more successful in using a BFOQ defense if its purpose is to protect the privacy and safety of its customers.