Question $28$

$2\mathrm{.}5$ pts

An employer posts a call for an internship in the firm's diversity and inclusion office. The job description for this position specifically states that the applicant must be a person of color and$/$or female.

A white male student applies for the position and is rejected. The rejection email specifically states that hiring manager reviewed the applicant's resume and LinkedIn profile and, while the applicant was otherwise qualified for the position, he was rejected for not meeting the qualification of being a person of color and$/$or female.

After receiving a Right to Sue notice from the Equal Opportunity Employment Commission, the student files a lawsuit against the firm, alleging discrimination under Title VII. What will be the most likely result of that lawsuit?

The applicant will win the lawsuit, as he was clearly discriminated against based on his race and gender with no available affirmative defenses

The lawsuit will be dismissed, as the discrimination here was clearly a bona fide occupational qualification for the position at issue

The result is unclear, at this point in time; while Title VII has historically been seen as a remedial statute, this position may be changing in light of recent Supreme Court decisions

The lawsuit will be dismissed, as Title VII is a remedial statute $--$ it does not provide relief for discrimination based on being a white male