Jonathan Turley, the George Washington Law Professor frequently on “Countdown with Keith Olbermann,” writes on his blog about a story he picked up in a Canadian newspaper about a 44-year old stripper, Kimberlee Ouwroulis, who is suing a club that fired her for age discrimination.
Turley notes that the key legal question is whether age is a bona fide occupational qualification (known in employment law circles as a BFOQ).
This case, albeit filed in Canada, may push, or perhaps break through the boundaries of established stripper tort law.
Essentially, if the criteria used by the club for hiring and firing decisions was age, Ms. Ouwroulis may have a case. If, on the other hand, it is physical appearance, she may not. Where the twain meets between the two is the interesting legal question.
For instance, Turley notes how a legal issue has developed concerning when older female newscasters are let go and younger women are hired in their place with stations arguing that appearance is a big part of the job.
Read the full story here.
