According to an August press release by the Equal Employment Opportunity Commission (“EEOC”), the EEOC has brought a case against Southern California chain “Burgers and Beer” for alleged violations of federal law.
The EEOC’s complaint contends that male applicants and employees were disqualified from server positions based on their sex since at least 2015. If true, these allegations are in violation of Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex.
According to the EEOC, the company has a workforce that is over 90 percent female. The EEOC issued a Letter of Determination to Burgers and Beer (and its various related entities), finding reasonable cause to believe a class of male applicants were denied hire, promotions, or transfer into server positions based on their sex. The Letter included other claimed violations regarding failure to keep payroll or other records for each employee as required in Section 1602 of Title 29 Code of Federal Regulations.
The attempts by the EEOC to resolve the matter informally were unsuccessful and the lawsuit was filed on August 28, 2018.
This case is a good reminder to employers to understand the reaches of Title VII and institute some good practices to remain compliant and support the EEOC in it’s laudable goal to eliminate barriers in recruitment and hiring.