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Question
Eva opens a womens-only health spa. The spa has 20 employees of which four employees are men who do overnight maintenance work when the spa is closed. Eva places an advertisement in the paper for a locker room attendant, and Jack applies for the job. Eva rejects Jacks application on the basis of gender. Jack files a discrimination charge against Eva with the Equal Employment Opportunity Commission. Which of the following statements is true in this scenario?
A. Jack is entitled to compensatory damages but not punitive damages if he can show that he is capable of doing locker room attendant functions.
B. Men are underrepresented at the spa, and affirmative action requires that Eva hire Jack.
C. Eva can use the disparate impact defense to win the suit.
D. Eva can defend her case by showing that being female is a bona fide occupational qualification for the job.
E. Eva has not violated the Equal Employment Opportunity Act, but she still has to pay compensatory damages to Jack for misrepresentation.
Answer
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