Question
Andrew is a personal trainer. One day, he sees an advertisement for a job at a women's only gym. He applies but does not hear
Andrew is a personal trainer. One day, he sees an advertisement for a job at a women's only gym. He applies but does not hear back from the gym for a week. When he calls to inquire whether the position is filled, he is told that he is not eligible for the job because he is a man. The human resources representative tells Andrew that they only hire women because they cater to a female clientele, and women feel more comfortable with female trainers. Is the company justified in refusing to hire Andrew under the bona fide occupational qualification (BFOQ) defense?
Group of answer choices
Yes, if the gym can show that being a woman is essential to the job because all or substantially all men cannot perform the job safely or effectively
Yes, if Andrew can show that being a woman is not essential to the job because all or substantially all men can perform the job safely or effectively
Both A and B
Neither A nor B
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