. Goodbody Gym, a fitness company in Dallas, Texas, decided to fire any employee who did not meet the "corporate image." That image was defined as "ultra-fit with less than 20% body fat for a man, and less than 27% body fat for a woman." Jane Freeman, the bookkeeper for the company, was fired after her body fat measurement revealed that her body fat was 33%. Jane is 5'3" tall and weighs 145 lbs. Jane sued Goodbody for discrimination based on her weight. Goodbody will be:

1. Liable because weight discrimination is protected under gender discrimination rules.
2. Liable because weight discrimination is protected under the Americans With Disabilities Act.
3. Not liable because being physically fit is a requirement for working in a gym.
4. Not liable because discrimination based on a person's weight is not a protected class under Title VII.
5. None of the above

26. Assume the facts of the prior problem. Brad Buff worked as a personal trainer for Goodbody. His supervisor was Walter Williams. Walter would touch Brad on his shoulders and arms, commenting on how hard Brad's muscles were. Walter asked Brad to join him for a drink after work on numerous occasions. When Brad declined, Walter seemed disappointed. On a Friday afternoon, Walter asked Brad if he would like to go to a movie that evening. Brad again declined. The next week, Walter submitted Brad's employee performance evaluation. For the first time Brad received a negative evaluation.As a result of the evaluation Brad did not receive a raise. He quit and sued Goodbody for sexual harassment. Goodbody will be:

1. Liable because Brad received tangible employment action.
2. Liable because Brad was a victim of hostile work environment.
3. Not liable because sexual discrimination does not include same sex discrimination.
4. Not liable because Brad did not complain to management.
5. None of the above.