The job may require x% travel, which might eliminate one of the candidates, etc. Essentially, hiring the female simply based on the demographics would discriminate against the other candidates and therefore, is illegal (Federal Laws, 2009).

Situation 5 - Our Company has a service contract with the U.S. Government (Department of Defense) to provide nurses for a military hospital. Contractual obligations require employees with patient contact to pass a physical exam and drug test; those handing fiscal matters must pass a drug and polygraph test. Because this contact is with the Federal Government, any employee is subject to laws under the Federal Register, Agencies affiliated with the Federal Government who require drug testing must follow standardized procedures established by the Substance Abuse and Mental Health Services Organization, use certified SAMHSA testing facilities, and comply with appropriate privacy laws (Section 7 -- Drug Testing, 2010). The Employee Polygraph Protection Act (EPPA)...
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