dolution

Ginger was surprised and pleased to find she was pregnant. She worked as a server at the Greasy Grill restaurant and was aware that Phleming, her supervising manager, had allowed employees who were ill for reasons that were not work related to take paid time off. For example, her friend Skip was on paid leave for two months after suffering a mild heart attack; and her friend Mikasa was off work for three months when her electric scooter exploded, causing a braking system failure that left her impaled on a rusty, spiked iron graveyard fence. Ginger told her employer Phleming about her pregnancy. He very angrily told her that pregnancy was completely voluntary, that he was not paying her a dime when she was off work, and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. He also said that he serves families, and he does not want the kids to ask embarrassing questions of their parents regarding Ginger’s condition. Ginger was very angry and threatened to sue. Phleming told her, however, that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII. The employee handbook did not address the issue. QUESTION: What will be the likely result if Phleming defends on the basis that customers will object to Ginger’s condition? O If he can prove that is true, Phieming will prevall on the defense of a bona fide occupational quaification Phieming will lose on the defense of a bona fide occupational qualification because he will not be able to establish that only non pregnant employees can perform as servers. O pleming will only prevall on the defense of a bona fide occupational quotinication the con establish that Ginger was attempting to voluntarily get pregnant Phieming will not prevail on the defense of a bona fide occupational qualification because such a defonso is available only in coses involving religion or national origin discrimination O Phieming will only prevail on the defense of a bona fide occupational qualification if he can prove that he has an established history of barring pregnant servers and that he did not single out Ginger