Final answer:
Harold may only be exempt from discrimination accusations if the female-only casting is essential to the role and is justified as a Bona Fide Occupational Qualification under anti-discrimination laws. Personal or audience preferences do not constitute valid reasons for sex-based discrimination.
Step-by-step explanation:
Harold, a downtown theatre director, will only consider females for an actress role in a new production. Under Title VII and other anti-discrimination laws, the only situation in which Harold could be exempt from discrimination accusations would be if he invoked a Bona Fide Occupational Qualification (BFOQ) defense.
BFOQs allow for certain exceptions to anti-discrimination laws if the qualifications are necessary for the operation of the business or if they relate to the essence of the job.
However, to qualify as a BFOQ regarding sex, the role must meet specific criteria. Preferences of the director or audience do not qualify as BFOQ.
The tests for sex-related BFOQs are very rigorous and include: whether all or substantially all women would be unable to perform the job, whether hiring the other gender would undermine the essence of the business, or whether the employer cannot make reasonable alternative accommodations.
In Harold's case, unless casting a female is essential to the role itself (such as playing a historical female figure), and cannot be otherwise accommodated, simply preferring to work with women or believing the audience prefers them does not justify sex-based discrimination.