Question by : The restaurant “Hooters” is one of a few contemporary examples where a company vigorously contested the EEOC’s?
The restaurant “Hooters” is one of a few contemporary examples where a company vigorously contested the EEOC’s claim that it was discriminating in its employment practices. Conversely, history has shown that most companies enter into settlement agreements with the EEOC and often institute some quota hiring system, even when they believe they are guilty of nothing. Why?
Answer by ForrestT
Because unlike most other employers, Hooters had a very strong claim that their entire business was based on having an all-young-female wait staff. Furthermore, they won that claim — being a young female is a bona fide occupational qualification at Hooters, and if Hooters had entered into a settlement agreement, it would no longer be the same restaurant.
This is not the case with most other jobs and, in those jobs where gender and race are bona fide occupational qualifications, it is so blatantly obvious that nobody bothers to bring a claim (such as acting roles). A movie studio would likely contest a Title VII claim on an acting role just as vigorously as Hooters did.
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