Petite Enterprises has a maximum weight requirement for all of its employees. No one can be hired if he or she is over $135$ pounds; however, anyone who is $135$ pounds or less is considered for hiring regardless of that person's race, color, sex, national origin, religion, age, or disability status. Nevertheless, the weight limit results in far fewer male applicants being hired than female applicants. In fact, while males and females apply to Petite Enterprises in roughly equal numbers, Petite Enterprises employs three times as many females as males. Ernie applies to Petite Enterprises, but is not hired because he weighs $170$ pounds. What would Petite Enterprises have to prove to avoid liability if Ernie sues for sex discrimination under Title VII?

Multiple Choice

That the maximum weight requirement is job related and consistent with business necessity.

That there is no specific public policy of the state that prohibits a maximum weight requirement.

That Ernie would not be doing substantially equal work as the women employed by Petite Enterprises.

That Petite Enterprises cannot accommodate Ernie without posing an undue hardship on its business

That Title VII only protects minorities and women from employment discrimination, not men.