Tag Archives: Marketing scheme

Should a commercial success argument be given more weight by the courts-How should that be balanced with concern for Congress’s position on discrimination?

Case Analysis Case Questions What should be done if, as here, the public likes the employer’s marketing scheme?Do you think the standards for BFOQs are too strict? Explain. Should a commercial success argument be given more weight by the courts? How shouldthat be balanced with concern for Congress’s position on discrimination?