Burgers & Beer settles in sex discrimination costume


So Cal restaurant denied male waiter positions, federal agency indicted

SAN DIEGO – Burgers & Beer, a Southern California food chain based in El Centro, Calif., Has agreed to pay $ 150,000 to settle a sex discrimination lawsuit filed by the United States Commission for Equal Employment Opportunity (EEOC), the federal agency announced today.

The EEOC lawsuit accused Burgers & Beer of disqualifying male applicants and employees from waiter positions based solely on their gender. The EEOC argues that this practice, which has been ongoing since 2015, has led to an almost entirely female server workforce.

Such alleged conduct violates Title VII of the Civil Rights Act 1964, which prohibits discrimination based on sex in hiring and / or promotion. The EEOC filed a complaint with the United States District Court for the Southern District of California (Case No: 3: 18-cv-02014-DMS-JLB) after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to the monetary relief, the two-year consent decree regulating the lawsuit, which remains under the jurisdiction of the court for the duration of the decree, includes an injunction to prevent further gender discrimination in the workplace. Burgers & Beer has agreed to review and revise their job descriptions for all positions, as well as create and implement a recruitment plan that increases the pool of male applicants. The company will strive to achieve a rate of hiring and retention of men in server positions. The restaurant chain has also agreed to review and revise its policies and procedures on discrimination and to provide training to all employees on federal anti-discrimination laws with a focus on gender discrimination. Finally, Burgers & Beer is required to keep the necessary records to demonstrate its compliance with this decree.

“The EEOC congratulates Burgers & Beer for agreeing to take meaningful and comprehensive steps to correct this situation,” said Anna Park, regional counsel for the Los Angeles District of the EEOC, whose jurisdiction includes San Diego County. “There is never any justification for denying jobs to all kinds of people. The measures put in place by Burgers & Beer should prevent further discrimination in this workplace. “

Christopher Green, director of the EEOC’s local San Diego office, said, “Customer preference is not an excuse for discriminatory behavior. Employers must heed this resolution and review their practices to ensure they comply with federal law.

Eliminating barriers to recruitment and hiring, especially class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, gender and people with disabilities, is essential. ‘one of the six national priorities identified by the Commission’s Strategic Implementation Plan (SEP).

Learn more about gender discrimination and Burgers & Beer on the EEOC website.

The EEOC advances opportunities in the workplace by enforcing federal laws prohibiting discrimination in employment. More information is available at www.eeoc.gov.

Source: https://www1.eeoc.gov/eeoc/newsroom/release/12-11-19.cfm

© Copyright United States Equal Employment Opportunity CommissionRevue nationale de droit, volume IX, number 345



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Pamela W. Robbins

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