Posted on 01/13/2009 2:42:31 PM PST by Paleo Conservative
CORPUS CHRISTI — A Corpus Christi man has filed a lawsuit against Hooters accusing the restaurant chain of gender discrimination for not hiring him as a food server. The lawsuit is an attempt to reopen an issue that was settled 11 years ago in a class action that ended in an agreement that established that the chain’s signature Hooters Girls could continue to be the restaurants’ only food servers.
Nikolai Grushevski’s suit recognizes this earlier agreement, disputes it and invites other men to join him in seeking another class action. He asserts in the suit that when he applied to be a waiter at the local restaurant in May 2008 he was not hired because of his gender.
The suit claims that even though food servers are referred to exclusively as “Hooters Girls,” the job should not be limited only to women.
“Just as Southwest Airlines attempted nearly three decades ago with stewardesses, the waiter’s position addressed herein is being limited to females by an employer...” the suit states.
Grushevski says in the suit he isn’t trying to prevent the company from employing Hooters Girls but wants to ensure that both men and women have the chance to work as wait staff.
In 1997, Hooters agreed to pay $3.75 million to settle a sexual discrimination lawsuit filed by a group of men. That settlement provided that the service of food and beverages would continue to be performed only by Hooters Girls. Hooters also agreed to create “gender neutral” positions for other positions like bartender, host and kitchen staff.
Grushevski’s suit, filed Thursday in federal court, seeks an unspecified amount of money including for emotional and punitive damages.
It also asks the court to grant an injunction to stop Hooters from “discriminating against male applicants for the waiters position.”
An e-mail seeking comment from a Hooters spokesperson was not immediately returned. Attempts to reach Grushevski were unsuccessful.
Houston-based attorney Martin A. Shellist, who represents Grushevski, said he wanted to make it clear his client didn’t sue to become a Hooters Girl.
“My client wants to be a waiter. He does not want to be a Hooters Girl,” Shellist said. “He wants to serve food and earn tips and why can’t he?”
Local man sues Hooters, claims gender bias
Seeks to reopen issue settled 11 years ago over food server staff
Didn’t this already happen years ago?
King of the Hill did an episode about this.
The trial lawyers’ gravy train keeps on chuggin’
The guy doesn’t want a job, he wants to create trouble and get a settlement. Hooters should hire him, but make him wear the same shorts and t-shirts as the other “waitstaff”. After a few weeks of constantly being laughed at, he might wise up.
True -- they both sued because they see a chance to make a pile of money for free.
“My client wants to be a waiter. He does not want to be a Hooters Girl,” Shellist said. “He wants to serve food and earn tips and why can’t he?”
He can: there are approximately 29 gajillion places where he can apply for a job to serve food and earn tips.
/johnny
~~Update: Alexis Aleshire, a spokeswoman for Hooters, e-mailed us some information about another federal lawsuit that eventually determined that in order to be a Hooters Girl, you must be a woman.
Aleshire also included a comment from Mike McNeil, vice president of marketing for Hooters of America: "The good news is that when this happened the last time, Hooters benefitted from an avalanche of positive publicity and public support for keeping Hooters Girls, well, girls. If we lose this go around, you can next expect hairy legged guys in the Rockettes to line up and male models in the Sports Illustrated swimsuit issue. You wonder why people just can't leave good things alone." ~~
Lawyer Martin A. Shellist
The picture explains much, IMO. Fast operator.
Then he will sue because he is getting no tips and sexually harassed.
Bingo! The ideal out of court settlement.
You may be mean but ya gots nice pictures.
Well, OK, but how does he look in the uniform?
Is this the ONLY way he can get attention?
He can. Just not at Hooters. Problem solved.
This opens suits against Hustler re carpal tunnel syndrome. /snic
yep that was a funny episode.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.