Hooters Restaurants had a competitive strategy of appealing to the young, affluent male population through a number of features. Large-screen television for sports events, happy hours, sports celebrity events, and very attractive waitresses were part of their strategy. Joseph Garcia was a waiter from Chicago who worked at similar restaurants for over 10 years. He heard from a friend that Hooters was hiring. However, he was told that he would have to apply in person. When he showed up at one of the 25 franchise establishments, he was told that they were not in fact hiring. He learned a few weeks later that an attractive female had been hired at the same restaurant. He filed a timely complaint with the EEOC.
Carol Cameron v. La Vielle Maison
La Vielle Maison is a five-star restaurant in East Cupcake, Florida. Carol Cameron, a waitress with over 10 years experience in "upscale" restaurants and an esoteric knowledge of wine, applied for a job at La Vielle Maison in a period when the restaurant was hiring waiters in preparation for the heavy winter season. She was not hired. The restaurant employs only waiters and makes the argument that five-star French restaurants traditionally employ only waiters. After learning that the restaurant hired three new waiters, Ms. Cameron filed a timely Title VII lawsuit against the restaurant.
Question
1) Were Mr. Goebel and the other black candidates victims of racial discrimination? Explain your position, citing specific cases to support your answer
2) Was Ms, Cameron a victim of sex discrimination?
3) In principle, do you see these case as the same in terms of your interpretation of legal BFOQS, business necessity" essence of the business "or "job relatedness"?
4) What if, in doing a background check on Ms. Cameron, it is discovered that Ms. Cameron had quit a previous employer complaining that she had developed carpal tunnel syndrome, could management use this information and reject Ms. Cameron on this basis?