While sexual harassment claims are often filed by women who suffer discrimination or retaliation by male superiors, a recent federal case filed by the Equal Employment Opportunity Commission (EEOC) is a reminder that discrimination and harassment can go both ways. According to a statement from the EEOC, a well-known restaurant chain is being sued for discriminating against male applicants for bartender and server positions. According to the complaint, the restaurant in its Park City, Utah locations only hired women for its summer positions. The federal lawsuit was filed in late January by the EEOC, seeking an injunction that would stop the restaurant from depriving men of employment as a result of their gender.
In taking legal action against the restaurant, the EEOC is sending a message to all restaurants and service industry employers that they must put an end to all wrongful and illegal employment practices. The EEOC is seeking to compensate two workers who were denied jobs during the summer of 2013 because they were male. An attorney representing the plaintiffs stated publicly that this is a cautionary tale to other employers who favor female employees when hiring.
According to the complaint, the company went out of its way to advertise for temporary positions during the summer of 2013, indicating it showed exclusive preference for female applicants. The company even stated specifically that it was not hiring men.
According to the complaint, the pool of applicants included staffers from other locations who were seeking positions. The EEOC complaint stated that the company’s actions effectively denied men the opportunity to earn more money, gain work experience, and take advantage of the Park City location and free housing offered for their summer positions. Representatives from the EEOC said it was an unusual case because they are not used to seeking such obvious and explicit examples of sexual discrimination in hiring. Employers should remember that sex-based employment decisions are “rarely justified.” Furthermore, such gender based discrimination is hardly in-line with good business practices.
Whether you are in the service industry or work in an office, sexual discrimination in the hiring process should be examined by an experienced advocate. Our Orange County employment law attorneys know that discrimination can have a personal and financial impact on victims. In addition to losing out on individual job assignments, victims of discrimination also lose out on opportunities, experience, and future potential in the job market. If you believe you have suffered from discrimination, it is important to consult with an experienced advocate to review your case.
The EEOC has alleged the restaurant is guilty of unlawful employment practices dating back to 2013 throughout nine states. The company settled a lawsuit for $575,000 in 2013 for age discrimination.
Like many high-profile cases, this is likely to settle out of court, but not before it makes nationwide headlines. Employers must remember that they will be held accountable for state and federal employment and labor law violations.
Employment lawsuits can be filed with assistance from the Nassiri Law Group, practicing in Los Angeles, Riverside, and Orange County. Call 949.375.4734.
More Blog Entries:
Age Discrimination in Tech Job Postings, July 6, 2014, Orange County Employment Lawyer Blog
California’s Top Employment Law Mistakes, Oct. 26, 2013, Orange County Employment Lawyer Blog