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Dan was born a male but has decided that he is a female. He applies for a job working as a locker . room attendant
Dan was born a male but has decided that he is a female. He applies for a job working as a locker room attendant at a gym that caters to women. The gym does not hire him because he is a biological male and most women would feel uncomfortable with him in their locker room. Dan files a complaint with the EEOC. In this case,
Dan's complaint would most likely fail because the gym would claim that the having a biological female as a locker room attendant is a business necessity.
Dan's complaint would most likely fail because the gym could claim that having a biological female as a locker room attendant is a bona fide occupational qualification.
Dan's complaint would most likely succeed because LGBT is a protected class under Title VII and he has the right to choose what sex he wishes and employers have no right to discriminate against him for any reason.
Dan's complaint would not succeed because LGBT is not a protected class under Title VII.
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