Is your business advertising for job positions? Make sure the ads themselves are not discriminatory.
The Equal Employment Opportunity Commission (EEOC) reports that restaurant chain Ruby Tuesday, Inc. — which placed ads seeking only female employees — will pay $100,000 and implement preventative measures to settle a sex discrimination lawsuit brought by the EEOC.
The federal agency charged that Ruby Tuesday denied two male employees the opportunity to work as servers in the busy resort town of Park City, Utah in the summer of 2013. According to the EEOC’s suit, Ruby Tuesday posted an internal announcement within a nine-state region for temporary summer positions with company-provided housing and the chance for greater earnings (Oregon, Arizona, Colorado, Iowa, Minnesota, Missouri, Nebraska, Nevada, and Utah). However, the announcement stated that only females would be considered, purportedly because of concerns about housing employees of both genders together. Ruby Tuesday only selected women for those summer jobs, therefore blocking two male employees from transferring to the resort.
GENDER DISCRIMINATION INCLUDES DISCRIMINATION AGAINST MEN
Title VII of the Civil Rights Act of 1964 prohibits employers from giving more advantageous terms and conditions of employment to one group of individuals based on gender. The vast majority of cases involve alleged discrimination against women. However, men are equally protected from discrimination under Title VII — a fact about which Ruby Tuesday is now painfully aware.
Under the consent decree resolving the EEOC’s lawsuit, Ruby Tuesday will pay employees Andrew Herrera and Joshua Bell a total of $100,000 and take steps to prevent future sex discrimination. The company will provide training to all of its managers and employees on Title VII and job assignments in the nine-state area covered by the EEOC’s lawsuit for the duration of the three-year decree. This includes an estimated 1,600 managers and employees at 49 different locations. Ruby Tuesday will also report its training efforts to the EEOC, and post reminders of this resolution on its website and at its restaurants.
“Ruby Tuesday will take affirmative steps to make sure its managers do not make gender-based employment decisions again, even if it only involves temporary summer assignments,” said EEOC San Francisco Regional Attorney William R. Tamayo. “All managers and employees should know that making personnel decisions based on an employee’s sex is rarely permitted under federal law.”
Seattle Field Office Director Nancy Sienko explained, “We hope that all employees of Ruby Tuesday will have the chance to work in Park City should the company have that need again, and that the company explores other ways to address genuine privacy concerns of temporary workers when it provides housing.”
ROLLING STONES TRIVIA
HR Law Insider hopes everyone enjoyed a restful Memorial Day weekend and honored our veterans. As we all work back into the abbreviated workweek, here is a bit of “Stones” trivia regarding a song must of us know well:
According to Keith Richards’s autobiography, Life, Rolling Stones hit Ruby Tuesday was written about his girlfriend Linda Keith. Linda had taken up with Jimi Hendrix, and had got involved with drugs. She left Richards, and he tried to get her back. He eventually went to her parents and told them she was going down a dark path. Linda’s father went to New York to collect her, and by order of court she was grounded. Richards reports that Linda regarded this as a betrayal, and they did not speak again for many years.
Here is a solid rendition of Ruby Tuesday by the Stones — enjoy and have a great week: