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January 15, 2009

Man Sues Hooters for Gender Discrimination

A Corpus Christi, Texas, man who was denied a server position at Hooters is suing the company, claiming he was discriminated against because of his gender.

Nikolai Grushevski applied to be a "food server" at Hooters in May 2008, according to MSNBC. In his federal suit against the international company that touts scantily clad women as waitresses, he says Hooters tries to circumvent antidiscrimination law by referring to its servers as "Hooters Girls."

"I think we've got a strong case," says his attorney, Martin Shellist. "I think if you take Hooters' logic to the extreme, it violates the law at every point. I think it's unfair."

Federal courts have ruled that Hooters was allowed to employ only women as Hooters Girls, but Shellist insists his client's case is different because he specifically applied to be a food server. A Hooters spokesperson told MSNBC that Hooters does hire men, but not as servers. This case argues that the positions should be gender-neutral. (Michelle Garcia, Advocate.com)

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

  • Name: Jennifer
    Date posted: 2009-07-01 5:51 AM
    Hometown: Nashville

    Comment:

    "Food Server" is not a position offered at Hooters, the term used is "Hooters Girl" (or HG). Hooters is based on the HG image, which is stated in the HG manual as "The all-american cheerleader, surfer girl, girl next door". It clearly states that a person must exibit & uphold this image to become & remain a HG. They don't descriminate against men, but refuse to hire ANYONE who CANNOT uphold that image! I don't know a man who can do that, but I also know some women who can't either. There are jobs that require that a person be able to lift 100 lbs easily, which would eliminate most small-armed woman, but it isn't wrong if a person can't meet the requirements of the position, right? A man cannot meet the requirements of a HG. It clearly states in the HG Manual, that HGs are entertainers. Hula Hooping, telling jokes, spinning on a stool, or just dressing up in 80s style leg-warmer socks. Any HG who thought she was JUST waiting tables didnt read the manual.


  • Name: jennifer
    Date posted: 2009-04-13 4:17 AM
    Hometown: springfield

    Comment:

    when applying at hooters on the application itself it asks postion applied for hostess or hooters girl at no time or any where on the application does it say wait staff or server position i am looking at a hooters application now as i type this the guy is a joke he hasnt a leg to stand on


  • Name: DJ
    Date posted: 2009-03-08 1:30 AM
    Hometown: Lexington Park, MD

    Comment:

    This is not Hooter's first sex discrimination case. There is a law that says one cannot discriminate against gender, race, color (of hair, clothes, or something), national origin, and religion, and other things like disabilities. However, the Bona Fide Opportunity Occupational Qualification allows one to hire based on gender, national origin, and religion as long as it is the essense of the business. Like with Hooters, the girls are the essence of the business, and with that said Hooters' prior case was dismissed pretty quickly.


  • Name: Derek
    Date posted: 2009-01-17 11:24 PM
    Hometown: Fort Worth

    Comment:

    Make him wear the oufit they have and see if he does it long. If they have their dress code of what they wear and he wants the job he must follow the rules.


  • Name: Ekko
    Date posted: 2009-01-16 11:12 PM
    Hometown: Denton, TX

    Comment:

    This is idiotic.


  • Name: Anne
    Date posted: 2009-01-16 12:00 AM
    Hometown: Pennsylvania

    Comment:

    I started laughing when I read this because it sounds exactly like an episode from King of the Hill. Like what Rick said, the guy was probably a scam artist trying to get money for gender discrimination.


  • Name: Daniel S
    Date posted: 2009-01-15 5:06 PM
    Hometown: New Hope, PA

    Comment:

    Honestly this lawsuit is incredibly stupid. What's next, actors suing when directors won't cast them for female roles? The wait staff at Hooters very explicitly consists of women in skimpy outfits. That is Hooters' main marketing point to differentiate themselves from all the TGIF-style places out there. While we're at it, let's see some women sue for jobs as Chippendale dancers! Hey just, because the patrons come to see hot men is no excuse to discriminate against female dancers!


  • Name: Joe
    Date posted: 2009-01-15 1:59 PM
    Hometown: Philadelphia, PA

    Comment:

    This case caters to exactly what the right is afraid of if they change laws to include gender identity. Clearly, Hooters is an establishment wear women dress up in skimpy clothes and serve food. Why a guy would want to work there is just ridiculous. There are so many other restaurants out there and chosing this one and filing a lawsuit is absurd. It's one thing to truly be discriminated against because of your gender, but it's another to go into an established place and try to change its premise and sue when they don't go along. Hooters is designed to be a place where sexy women serve you. Do you want women suing gay clubs because they are denied go-go ing positions, etc.? I hope this suit is thrown out right away.


  • Name: Rick
    Date posted: 2009-01-15 7:04 AM
    Hometown: Orlando

    Comment:

    Hooters has been around for over 25 years. Everyone knows what it is all about. This guy is a scam artist. He applied for this position strictly to be turned down so he could bring the lawsuit and hopefully get a hugh settlement. Personally I think that this issue has been settled once already by the courts and this guy and his lawyers should not only lose this case but should be forced to pay damages to Hooters for bringing it in the first place


  • Name: Daryl
    Date posted: 2009-01-15 6:56 AM
    Hometown: Indy

    Comment:

    It all comes down to how the job was advertised. If it was advertised as a server job, or if it was as an entertainer. If it was a server job, he'll win the lawsuit. Entertainers can be chosen for physical qualities, not skill. It's how Hooters has skirted the law (pardon the pun) for so long. In reality, these Hooters Girls don't do any entertaining at all, in fact, many of them file lawsuits for sexual harassment. Because they feel they were hired as a waitress, and not as entertainment.


  • Name: Jeff
    Date posted: 2009-01-15 3:14 AM
    Hometown: Fountain Valley

    Comment:

    I personally think the this incident is an example of Political Correctness gone amok. It is illogical that a company that caters primarily to heterosexual men and possibly gay women would want to hire someone that would not meet the "demands" of what the customer base is looking for.


  • Name: joe
    Date posted: 2009-01-15 1:32 AM
    Hometown: ocala, florida

    Comment:

    Why is it OK to hire women only for certain jobs? If a qualified women wanted to be hired at a gay club as server and was denied, she'd likely win in court because she's a federally recognized minority. I'm not saying that's wrong. But there should be some fairness to it. Why can't we have scantily clad males as servers at Hooters, cheerleaders/dancers at professional sporting events or hell or even allowed to go shirtless during the sand volleyball tournament in the Olympics (the women get to wear bikinis basically). It's a hetero world, I know, but I'm a bit tired of all that T&A being thrust in my face.


  • Name: Eden
    Date posted: 2009-01-15 1:19 AM
    Hometown: Brisbane

    Comment:

    Well that is discrimination: If he has the qualifications to be a food server, why not? I'm bisexual and let me tell you, It'd be nice to see some scantily clad men for a change. Why should women hold all the freedom.


  • Name: Beverly
    Date posted: 2009-01-14 8:21 PM
    Hometown: Fairbanks, Alaska

    Comment:

    PS if they advertised the position as food server, then they don't have a leg to stand on


  • Name: Beverly
    Date posted: 2009-01-14 8:18 PM
    Hometown: Fairbanks, Alaska

    Comment:

    As long as he is in the same age group and has a set of sixpack abs and a cute tush, Why not? Just make him wear the same uniform, in the same way as the girls. I believe men should have the same opportunity to be sex objects. I'd go there if they had eye candy for me, as well as more than a few gay men.


  • Name: michael
    Date posted: 2009-01-14 8:05 PM
    Hometown: boston

    Comment:

    Jezzzz... if you want to be a "food server", there are lots of other restaurants to apply to.


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