The following essay describes discrimination lawsuits brought up against the Hooters restaurant chain. Employees in Michigan filed suit and said they were discriminated for being overweight while employed as servers. According to Leanne Convery, who was one of the women who fired, she weighed 115 pounds at the time and four-feet-eleven at the time. She was encouraged to take stimulants such as Adderall and appetite suppressants to speed up weight loss (Foley, 2010). Hooters found a way to navigate the discrimination laws using bona fide occupation qualifications (BFOQ).
The example of hiring only women as servers could arguably violate the best-known employment anti-discrimination law found in Title VII of the Civil Rights Act of 1964. In summary, Section 703 of the Act mentions, it shall be unlawful employment practice for an employer to refuse to hire an individual based on sex. Hooters is a prime example of a franchise that has found loop holes in discrimination law. From the perspective of Hooters they are in the business of entertaining and their brand relies on having attractive women “entertain” their guests. This is a gray area and ethically speaking, I would pass on going into Hooters, because in my opinion, this is an act of discrimination. Regardless of my opinion, Hooters continues to hire only women and uses BFOQ as a defense. A BFOQ is deemed to a specific job and “reasonably necessary to the normal operation of the business,” and is determined on a
Kyrillos, J. (2014) Obesity in America, A Growing Epidemic. Workplace Strategies and Solutions. Health Advocate.
Texas Roadhouse has over 500 restaurants in 49 states so the strategies of compliance and inclusion needs to roll out nationwide. The first strategy would ensure a buy in at the senior management level, hopefully leading to a recognition that Texas Roadhouse did in fact discriminate against older workers. That in order to change our Business culture the firm establishes a new division for diversity and Inclusion with enough resources and authority to provide diligent effort to ensure compliance. A senior management level debriefing would include a discussion on the amount of money spent on litigation, lobbying to fight the lawsuit and whether simple compliance efforts would have been a wiser investment. At some level for senior management
Employers that base employment decisions, including hiring and promotion, on protected class characteristics are engaging in disparate treatment. When they do so overtly and argue that it is necessary to limit a particular type of employment to people with specific protected class characteristics, this type of disparate treatment is termed a facially discriminator policy or practice. An important, but limited, defense is available to employers that adopt facially discriminatory requirement is legal. If an employer can show that a particular protected class characteristic is a bona fide occupational qualification (BFOQ) for the job in question, the facially discriminatory requirement is legal. According to the Title VII of the Civil Right Act,
With all of the mandatory requirements of the outside appearance of the female body, one might wonder, Why do women work here in the first place? In a recently conducted survey about the physiological effects Hooters has on women, most say they work there for the money and flexible scheduling. () The more money a girl makes, the more options she has in choosing her schedule. Meaning, the hours one gets are based off of the sales made. Depending on how much a woman flirts or “shows herself off” could depend on the tip she makes. Therefore, encouraging women to show off their body in order to make more money. With this brings along unwanted sexual comments and attention. This job also brings about loads of sexual harassment. Although they may make more money at Hooters than somewhere else, one might ask the question, is it worth it? Many women who work at Hooters experience, anxiety, degradation, and sadness. While having a lean and a perfect figure classifies them as beautiful, very little people see all of the negative emotions that surround the job.
However, “ weight loss and prevention of excess gain have largely been failure and have influenced preduice agians fat people.(Firth, J. (2012).. The constant tug of war between food and drink industy and legal polices to make healthier choices in soceity,In which the latter mosl likey wins. “ the food industry powerful motications to downlplay and distance themselves from concersn about excess weight.”( firth,J (2012). Whereas media and food industlries are taking great advantage on promoting unhealtheir food,The pharamcertical and weigh loss companies with health professions are promoting techniques to Reduce obesity in more strict manner, such as with bariratric surgery, Lipo suction and other Rigid weight loss programs.Wheras when the role of status plays, simply the society with higher statuts can affor theese regimans for their interest, while others with lower status use's more unexpensive methoods.
In the same way, both Radley Balko, author of “What You Eat Is Your Business”, and David Zinczenko, author of “Don’t Blame the Eater”, argue that obese individuals’ health insurance is becoming a burden to the rest of America, although they differ because Zinczenko argues that the obesity problem lays in the hands of the food companies, while Balko believes that obese people, old or young, are responsible for their own problems.
Globally, more than a billion people are overweight. Various illnesses such as high blood pressure, and diabetes are linked to obesity. As a result, we have more than 300,000 deaths caused by obesity. David Zinczenko is the author of the essay, “Don’t blame the eater”. David Zinczenko, was the editor-in-chief of the fitness magazine men’s health. David is the president of galvanized brands, and similarly the author of some best-selling books such as Eat This, Not That, and Abs Diet series. He had contributed op-ed essays to the New York Times, and the Los Angeles times, and he even appeared on Oprah show, and Ellen show. In his essay, David sympathizes with the children who were suing McDonald’s for making them obese. He grew up as a typical mid-1980’s latchkey kid, and the only affordable meal options were lunch from either
Regardless of if it hurts their numbers it should not be something that is their concern at the end of the day, which is addressed by our second point. It should be decided by the parents or legal guardian of that child if or not they want to let their kids go to Hooters. At the end of the day it wouldn’t be anything different than going to any other neighborhood restaurant. Hooters marketing themselves as a neighborhood restaurant is what supports this as the parallel would be certain areas wouldn’t allow people with children to move there.
The title of the case selected is “Yesterday’s Pub & Grille Sued by EEOC for Disability Discrimination”. The case was reported in the EEOC press release section on February 11th, 2016. According to the press release, Sappyann, Inc., which operates Yesterday’s Pub & Grill restaurant violated federal law by discriminating against an employee (“Yesterday’s Pub,” 2016). The restaurant refused to hire him due to his HIV positive status. As a result, the U.S. Equal Employment Opportunity Commission (EEOC) charged a lawsuit against the company.
Further insight into this matter can be obtained through Rosenow’s (2014) research on disparate impact. Disparate impact results when a protected class — race, color, religion, sex or national origin — is impacted in a way that creates a disproportionate effect among the protected group. In addition, liability does not require malicious intent from the employer or knowledge of the occurrence of disparate impact. Therefore, the plaintiff must provide evidence of an employment policy that has an impact on the protected class. After the plaintiff shows prima facie, the employer must provide evidence that the employment policy is a necessary requirement for the business. In Dothard’s case, if the fire department proves the weight lifting requirement is indeed a business necessity then she must prove that the fire department refused an alternative strategy that would have met the business necessity.
In early July of 2015 a suburban Chicago, Illinois Wal-Mart was sued by the EEOC for violating federal law to provide reasonable accommodations to an employee (Nancy Stack) who was disabled due to bone cancer and failure to stop harassment of the employee (U.S. Equal Employment Opportunity Commission, 2015). According to Chicago’s District Director (Julianne Bowman), the store initially agreed to give the employee a chair in Stack’s work area and accommodations to her scheduled work hours to comply with her bone cancer treatments for Stack’s leg. The bone cancer limited Stack’s ability to walk and stand. After several months of compliance, the Hodgkins store revoked her accommodations to a chair in her
On April 19, 2011 the lawsuit against Taco Bell was terminated. The California woman renounced the lawsuit willingly. Nevertheless, Taco Bell did not change their products, ingredients, or publicizing their sales plummeted because of the lawsuit. The lawsuit insisted that the court order Taco Bell to accurately label their products as taco meat filling to make the community cognizant of the accurate content of their food. Taco Bell contradicted all of the accusations about their beef being falsely publicized. The lawsuit lasted for two months and Taco Bell had to pay out three to four million dollars to repair their
If you were overweight what you do? Well Caesar Barber decided to sue many fast food companies like KFC, Burger King, Wendy’s, and Mcdonald's. Why would someone do that? Caesar has been eating fast food for years he has it 4-5 times a WEEK! After a while he had a heart attack, and his doctor confronted him and said you need to lose weight. Caesar gained 100lbs to give a total weight of 300lbs. Instead of listening to dr. orders, he decided to sue NYC fast food companies. So in my opinion that it is Casear Barber’s fault that he gained all of that weight
Portly people may also have difficulty in the workplace. Heavy people may be considered a risk due to obesity related disease. Roehling and Reese (2002) believe that fat people have been perceived by employers as a burden when it comes to providing health care insurance. Some companies have chastised employees for their
Since the end of the segregation with the Civil Rights Movement, many believed that racism in the United States had come to an end. However, there are still many instances where racial inequality still occurs, and this is especially prevalent in the workplace. Although this sort of discrimination is illegal, individuals cannot always be prosecuted for this crime because it often happens in subtle manners that are not easy to prove. Regardless, every person, no matter the color of their skin, has the inherent right to be treated with fairness and equality, especially when dealing with matters in the corporate world.