Question: Bobaloo's Bar ( Bobaloo ' s ) is a popular restaurant chain with thousands of employees throughout the United States. Bobaloo's hires only
Bobaloo's Bar Bobaloos is a popular restaurant chain with thousands of employees throughout the United States. Bobaloo's hires only women to fill its bartender positions. A man who did not get hired for a bartender position at Bobaloo's is now claiming that he was discriminated against based on sex; the man sues Bobaloo's. Bobaloo's attorney argues the Bona Fide Occupational Defense. Is this defense likely to work?
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 Bobaloo's is a private company.
Yes, if Bobaloo's can prove a customer preference for the female workers.
Yes, because it meets the "Essence of the Business" test.
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