Author: Stephen D. Hans
It is common for the media to report on cases of gender discrimination where females did not receive equal pay or the same promotional opportunities as men. In contrast to the norm, the EEOC is now pursuing a class action lawsuit involving gender discrimination against male employees.
The restaurant chain Ruby Tuesday broadly promoted within a 10-state region to hire temporary employees for summer work at a Utah resort. Working in the resort town offered an opportunity for higher pay and also included company-provided housing for those hired. Andrew Herrera, a longtime employee working at Ruby Tuesday since 2005, applied for the job. He even had experience training new hires. However, he was rejected because of his gender. The hiring announcement stated that only females were under consideration for the summer job openings. The company justified its limited promotion for hiring to females because it was avoiding privacy issues by not housing both sexes together.
The Equal Employment Opportunity Commission (EEOC) alleged that the hiring promotion was in violation of the Civil Rights Act of 1964, which prohibits discrimination based on sex. It argued that Ruby Tuesday could have housed employees in separate units but instead implemented a solution that resulted in discrimination. Because the EEOC and Ruby Tuesday were unsuccessful in reaching a pre-litigation resolution, the EEOC is pursuing a lawsuit.
Ruby Tuesday is an international restaurant chain with more than 800 restaurants in the United States, 15 restaurants in other countries and an estimated total of 34,000 employees. Its reported annual gross revenue is $1,251 billion. It is highly unusual for a company of this size to have a lawsuit brought against it for alleged discrimination in hiring and employment practices.
Seasoned employment defense attorneys often work with companies to help them avoid discrimination issues. Our employment defense attorneys at Stephen Hans & Associates have extensive experience representing employers in the restaurant and other industries.