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Chapter 23-8. The Spelling Entertainment Group hired actress Hunter Tylo to appe

ID: 372384 • Letter: C

Question

Chapter 23-8.   The Spelling Entertainment Group hired actress Hunter Tylo to appear in the television show Melrose Place. Her role was to involve the seduction of another character’s husband. When Tylo became pregnant, she dutifully reported her condition to Spelling. The entertainment company then discharged her, arguing that non-pregnancy was a bona fide occupational qualification (BFOQ) for the role designed for Tylo. Tylo challenged the contention that her condition disqualified her from performing her job. Can non-pregnancy be a BFOQ? Explain. [See: Tylo v. Superior Court, 55 Cal. App. 4th 1379 (CA).]

Explanation / Answer

Non-pregnancy cannot be considered as a bonafide occupational qualification, unless it has been explicitly laid out in the contract signed with Hunter Tylo. In the event of it not being mentioned, the spelling entertainment group cannot discharge citing pregnancy as a BFOQ.

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