Eva has opened a women's-only health spa. She requires 21 employees and has so far hired 20 employees. Sixteen of the hires are women. Four are men who do overnight custodial and maintenance work when the spa is closed. Eva puts an ad in the paper for a locker room attendant and Jack applies for the job. When Eva tells Jack that she will only hire a woman, Jack sues for discrimination based on sex. Which of the following is true?

Select one:

a. Jack wins under Title VII if he can show that he is capable of doing locker room attendant functions.

b. Jack wins because men are under represented at the spa and so affirmative action requires that Eva must hire men to set right the imbalance.

c. Eva wins because it is her facility and she can hire and fire whoever she wants.

d. Eva wins because it is likely that she can show that being female is a BFOQ for the position.

e. Jack wins as this act promotes one gender at the cost of the other which is a case of gender discrimination under Title VII.