Delia L. Fernandez v. Wynn Oil Company, a Corporation, and Wynn's International, Inc., a Corporation
Opinion
Opinion
Ferguson, J.
Fernandez appeals a judgment in favor of her former employer on her claim of sex discrimination. The district court found that the employer’s decision not to promote Fernandez was based on her lack of qualifications rather than her sex and was consequently justified by a valid business purpose. Alternatively, it found masculine gender a bona fide occupational qualification since the job sought required dealings with nations that may refuse to transact business with women. The decision is affirmed solely on the former ground.
I.
Wynn Oil Company (Wynn) is an international petro-chemical manufacturer located in Orange County, California. It hired Fernandez in 1968. From 1972 through 1973, Fernandez served as administrative assistant to Louis Dashwood, the vice-president of Wynn’s International Operations division.
Dashwood testified, as a witness for Fernandez, that during this time Fernandez performed many functions of his job but he chose not to promote her because she was so valuable to him as an administrative assistant. He also testified that he felt Latin American clients would react negatively to a woman vice-president of International Operations.