Scooters Restaurant is a popular dive in Key Largo, Florida, with 29 employees.

Question

Scooters Restaurant is a popular dive in Key Largo, Florida, with 29 employees. It primarily attracts male bikers en route to sunny, subtropical Key West. Although the testosterone-charged motorcyclists claim they stop at Scooters for its delicious buffalo wings and adult beverages, their wives and girlfriends believe the real reason they patronize the restaurant is the waitstaff. Scooters only hires drop-dead gorgeous female waitresses ranging in age from 18 to 28, with uniforms of white, midriff-baring halter tops and key lime-green short shorts. Male waiters need not apply at Scooters. Five male plaintiffs who were denied waitstaff employment at Scooters have filed a civil lawsuit against the restaurant, alleging gender discrimination in violation of Title VII of the Civil Rights Act of 1964. The plaintiffs uniformly claim that although they were offered significantly lower-paying cook and dishwasher positions at Scooters, they were denied waitstaff positions on the basis of their gender. The eatery has defended itself on the basis of the bona fide occupational qualification (BFOQ) defense. The restaurant alleges that its female-only waitstaff hiring practice is reasonably necessary for the success of its business, based on the contention that its typical customer (a burly, bearded man in bike leather) expects to be served only by an attractive waitress. Is Scooters Restaurant liable for gender discrimination, or should the court accept the defendant's BFOQ defense?

Explanation / Answer

No, Scooters Restaurant is not liable for gender discrimination in this regard. It is not gender discrimination as the main purpose of this discrimination is success of the business. Thus, the court should accept the defendant's BFOQ defense and not make Scooters Restaurant liable for gender discrimination.

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