Two plaintiffs who are minorities sued the producers of the Bachelor and Bachelorette for racial discrimination. The plaintiffs claimed the shows never featured persons of color in lead roles.The plaintiffs also alleged the producers did not provide people of color who auditioned for lead roles with the same opportunities to compete as white people who auditioned.

1) Can plaintiffs establish a prima facie case of disparate-treatment discrimination? Why or why not?

2) Can plaintiffs establish a disparate-impact case of discrimination? Why or why not? How would they prove the disparate-impact?

3) Assuming plaintiffs established a prima facie case and the burden has shifted to defendant to articulate a reason or reasons for not hiring plaintiffs, what legitimate reasons might defendant assert for not hiring plaintiffs?

4) Would requiring the defendants to alternate between people of color and whites for lead roles make color or race a BFOQ?