Abe, a white male, applies to be the director of a program for at-risk youth. The particular program is designed to help children in a neighborhood with families from Eastern European countries. Abe is interviewed for the position but is not selected. One of the interviewers was concerned that Abe might not connect with the community because he lacks communication skills and because he does not have an Eastern European background. Assuming that the program cannot establish that national origin is a bona fide occupational qualification for the position, how would this case be analyzed under thePrice Waterhouseframework?

Question 10 options:

a)

If the employer is able to prove that it would have made the same decision based solely on Abe's poor communication skills, it will escape liability

b)

If the employer could establish an affirmative defense, it has a partial defense to damages

c)

Both a and b

d)

None of the above