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Northern Sun Airlines is a regional carrier that flies a variety of aircraft. Northern Sun advertisements for flight attendants state that an applicant “must be between 5’0” and 5’8” without shoes due to the internal dimensions of our aircraft.” As per the criteria, James cannot apply for the job because he is 6’1”. He complains that the height restriction has a disparate impact on men. Which of the following is most likely to happen in this scenario? A) James can use the height requirement as a bona fide occupational qualification to win the lawsuit. B) Northern Sun has a valid defense if it can explain and justify that a height requirement is a legitimate business necessity. C) James will prevail on his complaint because height restriction has nothing to do with the primary responsibility of a flight attendant, which is the safety of the passengers. D) Northern Sun will win the lawsuit because James does not belong to the protected group under Title VII of the Civil Rights Act.
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