What is Bfoq defense?
A bona fide occupational qualification defense is a defense that a company can assert when it has hired, or fired, or promoted somebody that is based on a protected characteristic. Generally, that type of hiring or employment decision cannot be based on somebody’s protected characteristic. Let’s say their religion.
What is a Hooters girl salary?
The typical Hooters Hooter Girl salary is $5 per hour. Hooter Girl salaries at Hooters can range from $2 – $10 per hour.
Which case established that customer preference is not a Bfoq?
Commission Decision No. 71-77, CCH EEOC Decisions (1973) ¶6161. (6) Courier Guard – Customer preference does not establish a BFOQ.
Can men be Hooters servers?
Hoots will keep the wings but ditch the skimpy orange shorts. Courtesy of Hooters A new Hooter’s concept that draws inspiration from fast-casual chains like Chipotle and Panera will have both male and female servers.
Is there such a thing as a BFOQ defense?
If either gender can do the job properly, there is no BFOQ defense. Cases involving appearance-based discrimination are perhaps so difficult to adjudicate because they mash gender norms, racial stereotypes, beauty standards, and employer-employee relationships into a legal swamp.
Can a man be a server at Hooters?
It’s pretty obvious: They’re all women. Hooters doesn’t hire any men as servers. The practice flies in the face of conventional job-hiring: Based on the 14th Amendment and the Civil Rights Act of 1964, discriminatory hiring is supposed to be illegal, right? A man has the right to be a Hooters server if he wants to, so the thinking goes.
Who was the lawyer for Hooters in 1997?
“The Hooters Girl that customers think of when they go to Hooters is still alive and well,” Brenda Feis, an attorney who represented Hooters in the 1997 lawsuits, told the Chicago Tribune in 1997. In a statement to Business Insider, Hooters confirmed its argument that its hiring of women-only servers complies with BFOQ requirements:
What did the EEOC suggest to Hooters?
The EEOC did, however, suggest that the chain hire men for the jobs held by Hooters Girls. The recommendation drew snickers and ridicule. The chain put on a mock advertising campaign featuring a burly, mustachioed man wearing a blonde wig, short shorts and stuffed shirt, with the slogan “Come on, Washington. Get a grip.″