If a male applicant is refused a job as a sales clerk in a women’s department due to his gender, under which circumstance could the employer be exempt from liability?

The correct response is that gender can be considered a bona fide occupational qualification (BFOQ) when it is reasonably necessary to the normal operation of a particular business or enterprise. In this scenario, if the job in the women's department genuinely requires a female employee to perform effectively—perhaps because the duties involve intimate product consultation or fitting—a male applicant could be excluded from consideration without the employer facing liability for discrimination.

The concept of a BFOQ acknowledges that there are certain positions where gender can be crucial to the job’s responsibilities and the nature of the business. For instance, in certain situations involving privacy, comfort, or safety, it may be acceptable for an employer to hire based on gender in order to fulfill the requirements of the role adequately.

In contrast, factors such as the necessity for special expertise, the availability of female applicants, or the preferences of the clientele do not inherently justify gender discrimination in hiring practices. Thus, the exemption for the employer hinges on demonstrating that the gender requirement is essential to the job at hand.