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Neutral criteria are applied to some protected class groups, but not others - typically involve differential requirement based on sex. Examples:- An employer refused to hire women with children under 5, but he did hire men with children under 5. The employer was unable to establish a BFOQ for this conduct.- Employer required candidate for promotion who were over 40 years of age to submit a EKG exam, while younger candidates were not required to do so.
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