Every area of liability law is defined over time by a series of court cases. The primary function of an airline is to transport passengers safely from one point to another. Therefore, not hiring males for flight attendants is discriminatory.
Business necessity is established.
Tests that have adverse effects on the hiring of members of minority groups cannot be used unless the employer demonstrates they are job related. Also, for plaintiffs to win a case involving discrimination, it is not necessary to establish intent to discriminate. Employees have the right to refuse job assignments that constitute a clear and present danger to life or limb. However, employers are not required to pay if, as a result, employees are sent home because of no work. Pension payouts by employers should be equal for women and men, and past unequal treatment of women must be cured by retroactive funding of pensions.