Bob Operating Business (BOB) employs part-time workers throu…

Bob Operating Business (BOB) employs part-time workers through a staffing firm. BOB’s manager asked the firm to replace one of these part-time workers with someone from a different race and the staffing firm does so. BOB will be liable because an employer using a staffing firm cannot avoid liability for discriminating against a temporary worker merely because it did not “employ” the worker. Employers may be held liable as “third-party interferers” under Title VII of the Civil Rights Act of 1964.

Bob is the owner of Eager Beaver Cleaning and Housekeeping S…

Bob is the owner of Eager Beaver Cleaning and Housekeeping Services. He never hires or promotes a black applicant to the position of supervisor because he believes that his predominantly Asian crew will not follow instructions from a black supervisor. Thus, Bob is liable for:

Bob applies for a housekeeping job at the Black Swan Hotel….

Bob applies for a housekeeping job at the Black Swan Hotel. His application is rejected on the basis that the hotel is looking for female housekeepers as the job primarily involves maintaining the ladies’ restrooms. If Bob files an employment discrimination claim against the Black Swan Hotel, which of the following defenses can the hotel use to protect itself?