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Will Billy Prevail If He Contends That Because the New

Question 59

Multiple Choice

Will Billy prevail if he contends that because the new rule makes being slender a job requirement for all servers, he can require Julia to take time off work?


A) If he can prove that he also requires males to be of a certain type, then that is a bona fide occupational qualification; and Billy can require that of Julia with a resulting discharge.
B) Billy will only prevail on a defense of bona fide occupational qualification if he can establish that he has an established history of requiring skinny servers and that he did not single out Julia.
C) Billy will only prevail on a defense of bona fide occupational qualification if he can establish that Julia was attempting to voluntarily get pregnant.
D) Billy will not prevail on a defense of bona fide occupational qualification because it is available in cases involving religion and national origin only.
E) Billy will lose because pursuant to the Pregnancy Discrimination Act (PDA) of 1987, an employer may not force a woman to take time off work during her pregnancy.

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