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In any event, the stereotyping in this case did not simply consist of stray remarks. To begin with, the existence of the BFOQ exception shows Congress' unwillingness to require employers to change the very nature of their operations in response to the statute. III The courts below held that an employer who has allowed a discriminatory impulse to play a motivating part in an employment decision must prove by clear and convincing evidence that it would have made the same decision in the absence of discrimination. This is an important part of preparing for your hearing. But he also concluded that the reactions of at least some of the partners were reactions to her as a woman manager. The court held that the plaintiff must prove that the retaliation was not just a motivating factor in a negative action like a demotion but the determinative factor. It takes no special training to discern sex stereotyping in a description of an aggressive female employee as requiring "a course at charm school.
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