GREENSBORO, N.C. (WGHP) — Hooters of America has less than two weeks to respond to a federal lawsuit accusing a Greensboro restaurant of racial discrimination, according to court records.
In a lawsuit filed on Aug. 24, the U.S. Equal Employment Opportunity Commission accused a Hooters location in Greensboro of discriminating against its Black and dark-skinned employees. In March 2020, the restaurant laid off about 43 servers due to the COVID-19 pandemic, about half of whom were Black or had a dark skin tone. In late April and May 2020, the restaurant re-hired 13 servers, all but one of whom was white or had a light skin tone, according to the lawsuit.
The Hooters team first asked the court on Oct. 23 for more time to “review and investigate Plaintiff’s allegations” so that the company would be “in a position to adequately prepare and file a responsive pleading.” The EEOC and court agreed, and the deadline was moved from Oct. 23 to Oct. 30.
Again, Hooters asked for more time on Oct. 30, and the court pushed the deadline back to Nov. 29.
Chief United States District Judge Catherine Eagles agreed to a third request for more time filed on Nov. 28, moving the deadline to Dec. 29, “this time because the parties are discussing possible settlement,” according to court records. Eagles added, however, “The parties should not expect any further extension of time in the absence of a firm settlement or other extenuating circumstances.”
Allegations
In the lawsuit, the EEOC says the Hooters in Greensboro had about 43 servers, whom the suit refers to as “Hooters Girls,” in March 2020. About 51%, or roughly 22 of those servers, were Black or had dark skin tones.
The lawsuit alleges that, at that time, the “Hooters Girls” who were Black or had dark skin tones “experienced racial discrimination and hostility from [Hooters]’s managers.” The suit says managers subjected workers to “discriminatory comments,” including “expressions of preference for white or light skin-toned servers, suggestions that light skin-toned servers were more presentable, and jokes about the appearance and hairstyles of Black and dark skin-toned servers.” The suit says white and light skin-toned servers received “friendlier treatment” from managers and were assigned “preferred or more lucrative shifts.”
That month, the Greensboro restaurant laid off about 43 servers due to the pandemic with a manager reportedly telling the servers that the layoffs would not be permanent.
In late April and May 2020, the restaurant began bringing servers back to the restaurant and recalled 13 out of the previous 43 “Hooters Girls.” All but one of the recalled servers were white or had light skin tones, according to the lawsuit.
The lawsuit accuses Hooters management of choosing which workers to recall based on their race “with malice or with reckless indifference,” a violation of Title VII of the Civil Rights Act of 1964.
Hooters faces federal lawsuit after Greensboro restaurant limits pandemic rehiring mostly to white, light-s… by FOX8 on Scribd
“When recalling employees from a layoff, it is critical that employers examine their selection criteria to ensure they are objectively verifiable and free from racial bias,” said Melinda C. Dugas, regional attorney for the EEOC’s Charlotte District in a news release. “Federal law protects employees from race-based decision making in the terms of employment, including in layoff, recall and hiring decisions.”
Charlotte District Director Betsy Rader said, “Title VII of the Civil Rights Act of 1964 also prohibits employment decisions based on color, including discrimination based on the lightness or darkness of a person’s skin shade or tone.”
The EEOC is asking the court to order Hooters of America to “institute and carry out policies, practices, and programs which provide equal employment opportunities to all employees and applicants irrespective of their race or color, and which eradicate the effects of past and present
unlawful employment practices.”
They also ask for Hooters to pay the Black and dark-skin-toned former employees a combination of backpay with interest, compensation for past and future losses due to Hooters’ alleged illegal employment practices, compensation for non-monetary losses like emotional suffering due to those practices and punitive damages “for their willful, malicious and/or reckless conduct.”
