The Machinery in a Plant Is Old and Was Designed

Multiple Choice

The machinery in a plant is old and was designed for use by an "average-sized male." Citing safety concerns, the company hires only average-sized males for jobs working in the plant. If a female applicant for a job at the plant is not hired and sues, a court would most likely rule that: ​

A) the employer violated Title VII by facially discriminating based on sex ​
B) the employer violated Title VII by not attempting to accommodate women so that they could work in the plant
C) the employer violated Title VII because the selection criterion of size has an adverse impact on women and is not job related and consistent with business necessity
D) the employer did not violate Title VII because the employer could establish a BFOQ based on its safety concerns
E) the employer did not violate Title VII because any adverse impact its hiring criterion created was justified as job related and consistent with business necessity