Ben's Bar ("Ben's") is a popular restaurant chain with thousands of employees throughout the UnitedStates. Ben's hires only women to fill its bartender positions. A man who did not get hired for abartender position at Ben's is now claiming that he was discriminated against based on sex; the mansues Ben's. Ben's attorney argues the Bona Fide Occupational Defense. Is this defense likely towork?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.O Yes, so long as Ben's is a private company.

In this scenario, Ben's Bar has a policy of hiring only women for its bartender positions. A male applicant who was not hired claims discrimination based on sex and sues Ben's. Ben's attorney raises the Bona Fide Occupational Defense. The question is whether this defense is likely to be successful.Explanation of Incorrect Options:A. Yes, if Ben's can prove a customer preference for the female workers.This option is incorrect because customer preference alone is not a sufficient justification for sex-based discrimination. The Bona Fide Occupational Defense typically requires a business necessity directly related to job performance.B. Yes, because it meets the "Essence of the Business" test.While the "Essence of the Business" test can be a factor in some discrimination cases, it is not the primary test for the Bona Fide Occupational Defense. The defense typically requires a business necessity related to the specific job duties.C. Yes, because it meets the "All or Substantially All" test.This option is incorrect as the "All or Substantially All" test is more commonly associated with the business necessity defense under the Age Discrimination in Employment Act (ADEA) rather than the Bona Fide Occupational Defense under Title VII, which deals with sex discrimination.D. No, because neither test is met, and no other basis for a defense has been presented.This option is correct. If Ben's cannot meet the requirements of the Bona Fide Occupational Defense, it may not have a valid defense against the sex discrimination claim.E. Yes, so long as Ben's is a private company.The private or public status of the company is generally not relevant to the application of the Bona Fide Occupational Defense. Private companies can be held accountable for discriminatory practices under Title VII of the Civil Rights Act.Explanation of Correct Option:D. No, because neither test is met, and no other basis for a defense has been presented.This,option,is,correct. If Ben's cannot meet the requirements of the Bona Fide Occupational Defense, it may not have a valid defense against the sex discrimination claim.E. Yes, so long as Ben's is a private company.The private or public status of the company is generally not relevant to the application of the Bona Fide Occupational Defense. Private companies can be held accountable for discriminatory practices under Title VII of the Civil Rights Act.Explanation of Correct Option:D. No, because neither test is met, and no other basis for a defense has been presented.This option is correct. To successfully use the Bona Fide Occupational Defense, Ben's needs to demonstrate that the gender-based hiring policy is a necessary business requirement directly related to the specific job duties of a bartender. If Ben's cannot meet this standard, the defense is unlikely to succeed in countering the sex discrimination claim.Thus, . No, because neither test is met, and no other basis for a defense has been presented is the Correct Option

Answered: Ben's Bar ("Ben's") is a popular…