Should "The Price is Right" Start Thinking BFOQ?

Interesting post over at Balkinization by Ian Ayres.  The post surrounds the selection of Drew Carey as the new host to replace Bob Barker at "The Price is Right" game show.  As is well know, Rosie O'Donnell also indicated her interest in being selected as the new host.

Ian points out some troubling facts emerging from the selection of Carey:

A few weeks ago, when retiring icon Bob Barker was asked at the Daytime Emmy about who might replace him, he mentioned Rosie O'Donnell:

"I believe they're going to have a meeting with Rosie.  She knows the show. There's no doubt in my mind she could do the show."

But in a moment of candor, he went on and said:

"Now, whether they want a lady host, I don't know. I've never heard that discussed. As far as I know, they've only auditioned men."

Only auditioned men? Is that because there is something about the essence or mission about The Price is Right as a business that requires a man to be host? In other words, is being a man a bona fide occupational qualification (bfoq)?  Ian points out:

The EEOC Guidelines do allow intentional sex discrimination in hiring an actor or actress where the sex-specific roles are necessary for the "purpose of authenticity or genuineness," see 29 C.F.R. § 1604.2(a)(2).

They better hope this applies (and I doubt it very much) because if not, it sounds like Rosie O'Donnell would have a pretty solid sex discrimination claim under Title VII.

Hat Tip:  Daily Dish

PS