Elba Jimenez is appointed to a position as Acting Director of Marketing for the Middle East for a major American fragrance company. Later, the CEO learns that several of the Saudi Arabian company's clients have voiced objections to doing business with Elba because she is not Muslim. As a result, the CEO asks Elba to convert to Islam, and Elba refuses (she is a California Buddhist). The company appoints a Muslim female executive to the position of Director of Marketing, even though Elba had much more experience and qualifications. Elba files a complaint with the Equal Employment Opportunity Commission, alleging race-based discrimination. Her employer argues that it was impossible to do business in that market if you weren't Muslim. Who wins?
1) the employer wins, because in this case being a Muslim may qualify as a BFOQ
2) the employer wins, because U.S. anti-discrimination law does not apply abroad
3) Elba wins, because the US courts have ruled that customer preferences alone do not justify use of a BFOQ exception.
4) Elba wins, because the US courts have ruled that discrimination based on race or national origin can never be used as a BFOQ exception.