Gender Discrimination

Here at (insert restaurant name) a lively sports bar and grill, catering to a mostly male clientele believe that it is important for us to evaluate any potential legal issues that we could be faced with regarding gender. Including but not limited to, gender identity, staff requirements, sexual stereotyping, and unfair burdens placed upon a particular sex. Sex or gender discrimination has been defined as the different treatment of individuals during their employment solely based on whether that individual is male or female (1). Gender discrimination can be brought up as a legal issue for us if we favor female over male applicants in our hiring process in an attempt to appeal to our mostly male clientele. We need to ensure that we remain aware that Title VII of the Civil Rights Act of 1964 is a federal law and will not protect our preference of hiring women over men as part of our bartender and wait staff. Title VII protects our employees and applicants from being discriminated upon based on their sex. The fact that we as the employer have a preference for hiring women over men in is not protected under the few exceptions that Tile VII makes for employers. The “bona fide occupational qualification” or BFOQ, for example, is one of the exceptions that do not apply to our situation. The BFOQ allows for sexual discrimination when the “essential” part of the particular job requires the applicant to be of a certain sex (1). The BFOQ will not protect us simply because of our preference, we need to ensure that we give equal consideration to all applicants in our hiring process regarding all positions, and are careful that all firing is done strictly based on performance. An example of this issue coming into play would be the case of Grushevski's v. Hooters of America. In this case, a class action law suit was brought upon Hooters restaurant