The highest ranked answer to a previous question states that BFOQ exceptions (probably) would not be a sufficient argument for allowing Hooters to discriminate against a protected group. In fact the same answer points out that hooters has settled out of court numerous times when sued for discriminatory hiring practices.
Let's imagine a hypothetical situation where I decided that Hooter's settlement money would make me rich and so I conspired to set up a situation where I could sue so I could get a settlement. So, despite already having a good, higher paying, job I go and interview at Hooters tomorrow.
I meet every qualification to work in the service industry, and did while perusing my degree. I would reasonable be perfectly qualified to work at a job like hooters, except that I am a male and thus wouldn't be someone that a company that is dependent on exploiting female sexuality would likely want to hire.
Let's say I had already decided that on the unlikely situation I actually was offered the position I would decline it, since I like my current employment (and income) better then what I could get from Hooters. I would essentially would be applying for a job only to tempt them into discriminating against me so I could sue, with no real intent or desire to have the job.
For now presume there was some way I could prove that my lack of a job offer was due to my not being an attractive female. Would I be able to claim discrimination and pressure Hooters into a settlement in this sort of situation? Or would the fact that I was not interested in the job and the entire interview was purely an attempt to get a large settlement invalidate, or weaken, any claim I may have?
I'm looking for the US perspective here. Also, in case it's not obviously I'm not seriously planning to go interviewing at Hooters any time soon, I'm just curious what would happen if someone tried it.