A city adopts an affirmative action plan for firefighters based on significant underrepresentation of women. The cutoff score on the exam is 70. There are two qualified applicants for an opening. One is a male who scored 75 and the other is a female who scored 73. Pursuant to the plan, the female is selected. The male applicant sues for reverse discrimination. He will likely:

A. be successful because he is the most qualified.
B. not be successful because both candidates are qualified and there is an imbalance in the workforce.
C. be successful because Title VII prohibits the consideration of gender in making employment decisions.
D. not be successful because the plan does not set aside positions for women.

Ans: B. not be successful because both candidates are qualified and there is an imbalance in the workforce.