Sprago, a fine restaurant, has hired only male waiters over the past ten years. Sprago's manager says male waiters look more professional and customers prefer male waiters to female waiters. A female who has applied for and been denied a waiter position at Sprago in spite of her qualifications would have:
A) no cause of action since being male is a BFOQ.
B) no cause of action unless females were denied other positions in the restaurant.
C) a cause of action for sex discrimination under Title VII.
D) None of the above
Question 2
Amanda Tucker, a black female, applied for a sales position in Ames Department Stores in Seattle. After completing her application, she was asked to take a math test and a general aptitude test. Amanda was not hired and later learned that Ames only administers the math and aptitude tests to minority applicants. Ames says that its experience demonstrates that minority candidates do not work out well as sales clerks unless they have a minimum score on these tests. Which of the following statements is true?
A) Ames' testing policy is a violation of Title VII.
B) Ames' testing policy is valid so long as it can substantiate the statements about the validity of the tests.
C) Ames' testing policy is valid so long as the test is consistently given to minority applicants.
D) None of the above
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