Ben's Bar ("Ben's") is a popular restaurant chain with thousands of employees throughout the United States. Ben's hires only women to fill its bartender positions. A man who did not get hired for a bartender position at Ben's is now claiming that he was discriminated against based on sex; the man sues Ben's. Ben's attorney argues the Bona Fide Occupational Defense. Is this defense likely to work? OYes, if Ben's can prove a customer preference for the female workers. O Yes, because it meets the "Essence of the Business" test. O Yes, because it meets the "All or Substantially All" test. No, because neither test is met, and no other basis for a defense has been presented. Yes, so long as Ben's is a private company
Ben's Bar ("Ben's") is a popular restaurant chain with thousands of employees throughout the United States. Ben's hires only women to fill its bartender positions. A man who did not get hired for a bartender position at Ben's is now claiming that he was discriminated against based on sex; the man sues Ben's. Ben's attorney argues the Bona Fide Occupational Defense. Is this defense likely to work? OYes, if Ben's can prove a customer preference for the female workers. O Yes, because it meets the "Essence of the Business" test. O Yes, because it meets the "All or Substantially All" test. No, because neither test is met, and no other basis for a defense has been presented. Yes, so long as Ben's is a private company
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