Leslie is a 47 year old woman. She works at the Bulova Gentlemen's Club as a head waitress. When she applies for a position as a topless dancer at the club, she is told that she is too old. Several waitresses, all in their twenties, are selected. Leslie brings a claim under the ADEA. Bulova asserts a BFOQ of "attractiveness" that requires its topless dancers to be "beautiful, nubile and erotic."
A) Leslie can prevail on a claim because she is attractive and physically fit and other clubs have hired women over the age of 40 to dance topless.
B) Bulova will prevail because the essence of its business permits it to assert the BFOQ.
C) Bulova will prevail because only a handful of women over age 47 are able to perform the job's requirements adequately.
D) Leslie can prevail because her mother was a strip-tease artist until she was 57 years old.
Correct Answer:
Verified
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