The U.S. Equal Employment Opportunity Commission (EEOC) has taken legal action against a Hooters restaurant located in Greensboro, North Carolina, alleging racial discrimination and bias in the rehiring process that followed a COVID-19 pandemic-induced layoff. The EEOC contends that the restaurant favored rehiring mostly White employees or those with lighter skin tones, thereby violating Title VII of the Civil Rights Act.

Case background

The case originated from a discrimination charge filed by one of the restaurant's employees. According to the charge, Hooters laid off the complainant and 42 other "Hooters Girls" in late March 2020 due to the pandemic. However, by May, when the restaurant began recalling employees, it allegedly favored rehiring 12 White or lighter-skinned employees and only one Black employee with a darker skin tone. This resulted in a situation where only 8% of the recalled employees belonged to the latter group, despite approximately 51% of the Hooters Girls employed at the Greensboro restaurant before the layoffs being Black or having darker skin tones.

The EEOC contends that the restaurant's rehiring practices constituted a violation of Title VII of the Civil Rights Act, specifically the provisions relating to racial and color-based discrimination. Title VII prohibits discrimination on the basis of race, color, religion, sex and national origin in various aspects of employment, including hiring and layoffs.

In its lawsuit, the EEOC seeks redress for the alleged violations, including back pay, compensatory and punitive damages and injunctive relief against Hooters. The agency emphasizes that when employers recall employees after a layoff, it is crucial for them to review their selection criteria to ensure that they are free from racial bias and objectively verifiable.

Federal law safeguards employees against any form of race-based decision-making in employment matters, including layoffs, recalls and hiring decisions. If you’ve been discriminated against at your workplace, an experienced whistleblower attorney at Kardell Law Group can help. Call today to get started.