Zebo
Elite Member
- Jul 29, 2001
- 39,398
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Originally posted by: tcsenter
Yes well it was by no coincidence that it fit quite well.I think you probably meant to say prosecute, but the term you used certainly fits the facts quite well.
Appellate courts have long held that equal opportunity and discrimination protections DO NOT APPLY to the entertainment industry where the role in question is a crucial component of the entertainment. So while the managers, cooks, and dishwashers at Hooters ARE positions to which equal opportunity and discrimination protections apply, the coveted Hooter Waitress positions ARE exempt from these laws because that role is a crucial component of the entertainment.
There is nothing different here than what goes on in a dinner theatre, where the 'entertainment' comes from one side of the dining room, and the food service comes from the other side of the dining room. Since the food service is separate from the entertainment, there is a clear delineation between 'food service workers' and 'entertainers'. The food service workers are protected by discrimination laws, the entertainers are not.
Hooters simply took that concept and merged the two into one role, where the waitress IS both the food service worker AND the entertainment rolled up into one. There is nothing wrong with that and there is no reason why a position cannot be food service AND entertainment at the same time.
It may be a long standing presidence but it's not consistant. Not saying I disagree with the bias twards fine 20 something cocktail waitresses at the RIO hotel but it's still discrimmination.