A Good Quick Synopsis With Regards To » California Employment Law Discrimination
Isn't it considered discrimination when waitresses at Hooters are employed by their looks?
Not that I'm complaining, I think their waitresses are awesome!! But I was just wondering how do they get away with California laws, policies, and procedures regarding Equal Opportunity Employment when they do not hire girls who are not that sexy.
Well, the fact is, if you have more applicants than positions, you are going to take the more qualified persons. The qualifications at Hooters are sexy looks. Its kinda stupid, but thats how it is. I mean look, if you have a smart man and a dumb man, are you going to take the dumb man 'cause all are supposed to have equal opportunities? No, of course not, you will take the smart man. Are we then supposed to protest against discrimination against dumb people? I don't think so.
Now if there was a very hot black lady, and Hooters took a less good looking white lady 'cause she was white, that might be considered discrimination. But even then, if the employer thinks that his customers will come more because he has a white waitress, then I think he is justified for taking the white lady over the black.
In companies where the employees deal directly with the general public, the employer has to take into account the prejudices of his customers. You have to make a good impression. Customers might think that a black guy may be able to help them out more with some 'hip' rap clothes, then a 'more regular' white guy. So if the black guy will be able to sell more merchandise, then he is better for the job.
So you have to take into account the qualifications of the job, and the prejudices of your customers. And the fact is that not all men are created exactly equal on all fronts. They all have different talents, personalities, etc. So that is how you determine who you pick for the job.
Sorry for the long answer, but I think your question deserves a little more attention than a simple 'yes' or 'no'. Cheers!
Sherman Oaks Employment Law Attorneys Discrimination Lawyer
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