Question

Eva has opened a women only health spa. She has hired all 20 employees that she needs except for one. Sixteen of the hires are women and four are men who do overnight custodial and maintenance work at night when the spa is closed. She puts an ad in the paper for a locker room attendant and Daniel applies for the job. When Eva tells Daniel that she will only hire a woman, Daniel sues for discrimination based on sex:
A.Daniel wins under Title VII if he can show that he is capable of doing locker room attendant functions.
B.Daniel wins because men are under represented at the spa so, Affirmative Action requires that Eva must start hiring men to cure the imbalance.
C.Eva wins because it's her facility and she can hire and fire whoever she wants.
D.Eva wins because it's likely that she can show that being female is a BFOQ for the position.

Answer

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