Will Billy Prevail If He Contends That Because the New

question 79

Multiple Choice

Will Billy prevail if he contends that because the new rule makes being slender a job requirement for all servers, he can require Julia to take time off work?

• A) If he can prove that he also requires males to be of a certain type, then that is a bona fide occupational qualification; and Billy can require that of Julia with a resulting discharge.
• B) Billy will only prevail on a defense of bona fide occupational qualification if he can establish that he has an established history of requiring skinny servers and that he did not single out Julia.
• C) Billy will only prevail on a defense of bona fide occupational qualification if he can establish that Julia was attempting to voluntarily get pregnant.
• D) Billy will not prevail on a defense of bona fide occupational qualification because it is available in cases involving religion and national origin only.
• E) Billy will lose because pursuant to the Pregnancy Discrimination Act (PDA) of 1987, an employer may not force a woman to take time off work during her pregnancy.

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