MEMORANDUM OPINION AND ORDER
ANN CLAIRE WILLIAMS, UNITED STATES DISTRICT JUDGE
This matter is before the court on the Equal Employment Opportunity Commission's ("EEOC") motion to reconsider the court's October 22, 1990, ruling on the cross-motions for partial summary judgment. The motion for reconsideration is granted. For the reasons explained below, on reconsideration the court grants the EEOC's motion for partial summary judgment.
On November 28, 1989, defendants Audrey Sedita et al. filed a motion for Partial Summary Judgment arguing that their refusal to hire males as Managers, Assistant Managers, and Instructors does not violate Title VII because gender is a bona fide occupational qualification ("BFOQ") for those positions at Women's Workout World. On January 8, 1990, plaintiff EEOC, filed a Cross-Motion for Partial Summary Judgment contending that the defendants had failed to prove that sex is a BFOQ for the positions at issue.
On October 22, 1990, the Court, after finding that there was a genuine issue of material fact concerning whether sex was a BFOQ for the positions at Women's Workout World, issued a Memorandum Opinion and Order denying both motions for summary judgment. In the order, the court commented on the paucity of evidence provided by the defendants and requested additional briefing. EEOC now asks the court to reconsider its ruling arguing that because the defendant has failed to prove each and every element of the BFOQ defense, the motion for Partial Summary Judgment should be granted in plaintiff's favor. For the reasons explained below, the plaintiff's cross-motion for Partial Summary Judgment is granted.
Partial Summary Judgment and the BFOQ Defense
Under Rule 56 of the Federal Rules of Civil Procedure, summary judgment is appropriate when the record reveals that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. The moving party has the initial burden of establishing that there is no genuine issue of material fact. Celotex v. Catrett, 477 U.S. 317, 106 S. Ct. 2548, 2553, 91 L. Ed. 2d 265 (1986). The non-moving party must then set forth specific facts through affidavits or other materials that demonstrate disputed material facts that must be resolved at trial. Celotex, 106 S. Ct. at 2552-53. Hence, summary judgment is appropriate when the non-moving party is unable to make a showing sufficient to prove an essential element of a case on which the non-moving party bears the burden of proof. Common v. Williams, 859 F.2d 467, 469 (7th Cir. 1988).
42 U.S.C. § 2000e-2(e), which is titled "Unlawful Employment Practices", explains when sex-based hiring policies may be justified:
Notwithstanding any other provision of this subchapter, (1) it shall be an unlawful employment practice for an employer to hire and employ employees . . . on the basis of . . . sex . . . in those instances where . . . sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise . . . .