Discrimination against folks on the grounds of their race, sex, national origin, or other characteristics is generally prohibited under United States laws. Nevertheless, in some rare cases, the nature of a particular job may require an employer to choose an applicant based on specific characteristics and not necessarily qualification. Such a case is the Bona Fide Occupation Qualification Case. In the case of Mr. Garcia, he was a victim of sex discrimination. Considering the great experience of Mr. Garcia as a waiter in high-end hotels, there is nothing that young waitresses can do that he could not do. Therefore, Mr. Garcia suffered from discrimination.
Ms. Cameron was equally a victim of sex discrimination. LaVeille Maison, as an organization, has conventions that promote the employment of male workers only. There is no legal reason or grounds to deny female workers a chance to secure jobs as waitresses. Therefore, Ms. Cameron was a Vitim of sex discrimination because she was competent for the job, and her sex is not detrimental to the activities of the restaurant.
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Principally, I would see the two cases as the same in terms of my interpretation of the Bona Fide Occupational Qualification. A BFOQ is an attribute needed for an occupation that could be reflected as discrimination if it were not necessary to do the job in question, or if the work were not safe for a particular category of people. As such, the two cases are similar because no type of discrimination was on fairgrounds having that both applicants were competent for the job, and they were not a threat to anyone literally. For one to use the BFOQ exception, a manager has to prove that no member of they are discriminating against could do the work.
