Manuela wants cultural authenticity as a key part of the marketing of her Puerto Rican restaurant. As a result, she only hires individuals with Puerto Rican natural origin as wait staff and will not hire white wait staff. Manuela believes that she is allowed to do so because hiring for authenticity is a bona fide occupational qualification (BFOQ) and thus a defense against any discrimination claims. If challenged, would Liang’s defense succeed?
A.Yes, Manuela’s interest in cultural authenticity is a sufficient BFOQ to defend against any claim
B.No, cultural authenticity is not a defense to employment discrimination and is not a BFOQ
C.No, the BFOQ defense was overturned in the case of Smith v. Hartwell Foods
D.Yes, because title VII does not prohibit discrimination on the basis of race
E.Yes, Manuela is allowed to discriminate on the basis of race in hiring restaurant wait staff
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