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ibstubro's avatar

Given the airlines BFOQ ruling, how are "Breastaurants" immune to to discrimination lawsuits regarding age, sex, and weight in the hiring of servers [Details].

Asked by ibstubro (18804points) August 31st, 2015

BFOQ ruling.

What’s the difference between stewardess’ and Hooter’s servers, as far as requiring physical attributes unrelated to the job?

And I believe guys were the original Kilt tilters, although I imagine few people imagine guys in a skirt with wood.

I owe this question to @buttonstc’s question.

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6 Answers

Judi's avatar

I suppose they could be considered actors playing a role?

LostInParadise's avatar

I confess to having visited Hooters in the past, being curious to see what it was all about. Looking back, it does seem like a slimy gimmick but that is just my opinion.

In their defense, they can say that they provide a particular type of service (the name Hooters is kind of a dead giveaway) and that the service they provide requires certain physical attributes for their employees. Unless they have made drastic changes, I can tell you that the service that they provide does not relate to the quantity or the quality of the food.

canidmajor's avatar

Flight attendants are primarily safety facilitators, any physical requirements have to do with ability to perform their duties in unusual, physically and psychologically stressful circumstances. Extreme overweight or age would impair that. Serving is the least important thing that flight attendants do, although it seems that many passengers are unaware of that.

Servers in those types of restaurants are selling a brand, not being responsible for your safety in an emergency.

Hypocrisy_Central's avatar

Extreme overweight or age would impair that.
They could do as other industries or business have, just ease the test or expectations to allow overweight, or aged people to be able to pass. I do not know what construct allows “Breastaurants” to be able to hire only hot slender women but of the watch keeps time, don’t tinker with it.

ibstubro's avatar

That was exactly my point, @canidmajor.

“The flight attendants – called stewardesses – were female and were required by airlines to be single, young, thin and pretty.”

Bona Fide Occupational Qualification
“Being a certain gender is not a BFOQ of most jobs.”

jca's avatar

Maybe at the “breastaurants” they have a generic job called “server.” Male servers end up behind the bar, and female servers end up serving customers or behind the bar. That way, the restaurants can hire both males and females. As far as how they get around anti-discrimination suits, they probably have ways to disqualify the unattractive ones, with a generic response and the job seeking prospective employee has no way of knowing what exactly was lacking about their resume or application.

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