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Question 75 Notice: This question may have multiple correct answers. Pair O\' Di

ID: 379188 • Letter: Q

Question

Question 75 Notice: This question may have multiple correct answers. Pair O' Dice Casino refuses to hire female bouncers on the grounds that women are insufficiently strong and intimidating enough to effectively perform the job duties. A group of women denied jobs as bouncers bring an EEOC claim against the casino. At the hearing, the casino manager defended the policy and argued that the policy was sound because the manager-and everyone else in the world can tell by looking that the physical capability of women is less than that of men and therefore qualification testing is a waste of his limited and precious time. will the casino's argument be successful? a. While strength and intimidation may be valid job requirements, the manager's use of a BFOQ based on gender is insufficient evidence, especially as there are women who would qualify to work effectively as bouncers by using martial arts or verbal skills to avoid confrontations or resolve them without the use of physical violence b. The manager is asserting a BFOQ defense that is unlikely to be successful, so he will need to spend the time to do qualification assessment O c. The manager is asserting a BFOQ defense to a gender discrimination claim which is likely to be successful in this case. d. The-manager's observations are acceptable as a general rule for the position because strength and intimidation are recognized requirements for candidates for bouncers.

Explanation / Answer

Answer- b. BFOQ, bona fide occupational qualification, allows the employers to discriminate amongst the employes based on religion, race, gender etc. However, to assert BFOQ in this case the manager needs to prove that the statement made by him that men have more physical capability than women.

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