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Yes: discrimination helps companies trade on women's sexuality

Article Abstract:

The restaurant chain Hooters violates the Civil Rights Act by refusing to hire men. If Hooters has its way all manner of jobs could be redefined as part of the sex industry by adding female sexuality to the job description. That would help young, attractive women, but lead to less job security and, usually, more harassment. Denying Hooters' claim that sex is a bona fide aspect of food marketing serves societal goals of improving women's lives. Southwest Airlines did not go out of business, and neither will Hooters.

Author: Becker, Mary
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996

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No: a business has a right to choose its own character

Article Abstract:

Female sex appeal is an element essential to the distinctive nature of Hooters restaurants, despite the Equal Employment Opportunity Commission's claim that the chain primarily sells food. The EEOC is in no position to decide what is Hooters' defining element, and has demonstrated the limits to its own business expertise. Comparisons to flight attendants are ingenuous, as safe and timely travel has always been the dominant concern of airline passengers, while Hooters customers come for the women.

Author: Casey, Patricia A.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
Human resource management

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Signs of disagreement: Scalia may have sown seeds of dissent in same-sex ruling

Article Abstract:

The US Supreme Court held that the case of a man who quit his job because his supervisor intimidated and touched him in a shower qualified as sexual harassment under Title VII of the Civil Rights Act of 1964. The short opinion does not outlaw all contact or flirtation among the sexes in the workplace. Experts disagree on whether the opinion is an expansion or a trend to limit in the Court's attitude toward sexual harassment law.

Author: Savage, David G.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
Sexual harassment, Employment discrimination

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Subjects list: United States, Cases, Sex discrimination, Hooter's of America Inc.
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