Over a five-year period, an upscale restaurant hired 108 food servers, discussion board

Over a
five-year period, an upscale restaurant hired 108 food servers, all of whom
were men. Of the hundreds of applicants during this time, only about 3 percent
were women. Charges were filed with the EEOC. For the next five years, women
constituted 22 percent of applicants and 21.7 percent of persons hired. In both
periods, food servers were recruited and hired through a “roll call” procedure.
Applicants were expected to be familiar with this procedure and to report to
the restaurant on a particular weekend in October to be interviewed. The
restaurant did not post or advertise job openings. However, the court found
that there was general knowledge of the roll call procedure among local food
servers. Interviews were conducted by a male maitre d’, who selected candidates
based on his assessment of their appearance, articulation, attitude, and
experience. After the EEOC charges were filed, this procedure was modified to
substitute a panel of managers for the maitre d’ and a test that involved the
lifting of a loaded serving tray. The percentage of applicants at other area
restaurants who were female ranged between 30 and 42 percent. According to
Census data, approximately 32 percent of table servers who resided in the same
city as the restaurant and had earnings comparable to the food servers at the
restaurant were female. Unable to obtain a conciliation agreement, the EEOC
sued the restaurant. What should the court decide? Why?
 (EEOC v. Joe’s Stone
, 220 F.3d 1263 (11th Cir. 2000), cert. denied, 539 U.S. 941

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