What Will Be the Likely Result If Groucho Defends on the Basis

question 63

Multiple Choice

What will be the likely result if Groucho defends on the basis that being slender is a job requirement for males as well as females?

• 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 Groucho can require that of Gracie with a resulting discharge.
• B) Groucho 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 Gracie.
• C) Groucho will only prevail on a defense of bona fide occupational qualification if he can establish that Gracie was attempting to voluntarily get pregnant.
• D) Groucho will not prevail on a defense of bona fide occupational qualification because it is available in cases involving religion and national origin only.
• E) Groucho 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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Definitions:

Career Change

The process of transitioning from one occupation to another, often involving different industries or fields, to pursue new interests or opportunities.

Fluctuation

Variability or changes in a state, condition, or level, often seen in contexts like economics or physical measurements.

Need for Order

The intrinsic human desire for organization, structure, and predictability in one's environment and life.

Hierarchy

A system or organization in which people or groups are ranked one above the other according to status or authority.