Tom applies for an independent contractor position as a model for a clothing company. Tom, a successful model, is told that he is a great model and very photogenic, but the company is looking for a white model and since Tom is African American he does not get the job. The company tells him they are putting together a certain look for the catalog and he just doesn't fit. The company claims they have a right not to hire him based on the bona fide occupational qualification (BFOQ) defense. Is the company correct?

Group of answer choices

No, because race is not a BFOQ under the Civil Rights Act of 1964

Yes, because his race is essential to the "look" of the catalog, the company can refuse to hire Tom

Yes, because clothing is based on looks, clothing companies are exempt from Title VII of the Civil Rights Act of 1964

No, because Title VII does not cover job applicants