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Ninety-five percent of the customers of a weight- loss center are women. Counselors at the center sell the weight-loss program, interact with cus- tomers, provide instruction on diet programs, counsel customers about their individual weight problems, and monitor the progress of customers in losing weight. The latter includes taking mea- surements of size and body fat using a tape measure and calipers, respectively. The measure- ments involve considerable physical contact with customers and are sometimes taken on bare skin. Arguing that many customers would be uncomfortable and embarrassed having men take their measurements and talk with them about their weight problems, the center hires only women as counselors. Two previous attempts to use male counselors were judged to have been unsuccess- ful. A male, denied employment as a counselor at the weight center, sues. What should the court decide? Why? (EEOC v. HI 40 Corp., 953 F. Supp. 301 (W.D. Mo. 1996))

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