1. Is Scooters Restaurant liable for gender discrimination, or should the court accept the defendant’s “BFOQ” defense?
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.Ill Xfinity Mobile LTE4: 05 PM9 6% (1 . 4A online . warner . eduCase # 10Scooters Restaurant is a popular " dive " in Key Largo ,Florida with twenty – nine employees . It primarily attractsmale bikers en route to sunny , sub – tropical Key West .Although the testosterone – charged motorcyclists claim theystop at Scooters for its delicious buffalo wings and adultbeverages , their wives and girlfriends believe the real reasonthey patronize the restaurant is the wait staff . Scooters onlyhires " drop-dead " gorgeous female waitresses ranging in agefrom eighteen to twenty – eight , with uniforms of white ,midriff – baring halter tops and key lime- green " short "shorts . Male waiters need not apply at Scooters .Five ( 5 ) male plaintiff’s who were denied wait-staffemployment at Scooters have filed a civil lawsuit against therestaurant , alleging gender discrimination in violation ofTitle VII of the Civil Rights Act of 1964 . The plaintiff’suniformly claim that although they were offered significantlylower – paying cook and dishwasher positions at Scooters ,they were denied wait – staff positions on the basis of theirgender . The eatery has defended on the basis of the " bonafide occupational qualification" ( "’ BROQ ‘ ) defense . Therestaurant alleges that it’s female- only wait staff hiringpractice is reasonably necessary for the success of itsbusiness , based on the contention that its typical customer ( aburly , bearded man in bike leather ) expects to be served onlyby an attractive waitress .1 . Is Scooters Restaurant liable for gender discrimination ,or should the court accept the defendant’s " BYOQ ‘defense ?"