‘Skin Tone Is Subjective’: Hooters Reaches $250K Settlement After Management Expressed Preference for White Servers Who They Claimed Were ‘More Presentable’ Than Black Girls

Hooters agreed to settle a federal racial discrimination lawsuit for $250,000, the latest in a string of settlements brought on behalf of Black Hooters Girls.

Renowned for hiring busty women to squeeze into skimpy short-shorts and serving deep-fried food, the “Breastaurant” has come under fire for its discriminatory practices against Black employees for years, including the 2015 firing of a server for having “not natural” blonde highlights.

Hooters girls lawsuit
Hooters girls lawsuit (Credit: Getty Images)

In the most recent case, the U.S. Equal Employment Opportunity Commission stepped in — yet again — to sue a Greensboro, North Carolina, location in August 2023.

The suit alleged that after temporary pandemic layoffs, the restaurant refused to recall their Black and dark-skinned waitresses. “Prior to the layoffs, 51 percent of Hooters Girls were Black and/or had dark skin tones,” stated an EEOC press release.

After the May 2020 recall, all but one of the recalled servers were white or had light skin tone, and the total number of Black “Hooters Girls” fell to 8 percent.

Even before the massive recall failed, discriminatory practices were rampant at the North Carolina location, stated the lawsuit via Fox 8.

Managers were accused of subjecting Black and darker-skin-toned Hooters Girls to “jokes about the appearance and hairstyles” along with other “discriminatory comments.”

Restaurant supervisors expressed a “preference for white or light skin-toned servers” who they believed were “more presentable,” and they also got “friendlier treatment” from floor managers who granted them “preferred or more lucrative shifts,” stated the suit.

The EEOC claimed that the food chain violated Title VII of the Civil Rights Act of 1964.

“When recalling employees from a layoff, it is critical that employers examine their selection criteria to ensure they are objectively verifiable and free from racial bias,” said attorney Melinda C. Dugas. Hooters denied all allegations.

Unfortunately, questionable hiring practices and racist remarks have not been limited to the Greensboro location.

In a response to the lawsuit, Hooters’ argued that “skin tone is subjective, relative and not capable of objective determination.”

One month after the federal lawsuit was filed back in 2023, a Louisiana Hooters settled an eerily similar racial discrimination lawsuit for $650,000, and in that case, none of the African-American employees were rehired after the pandemic.

In the most high-profile case, a former Baltimore waitress, Farryn Johnson, claimed she was fired for having blond highlights while being Black.

The manager, citing an “improper image” clause, told her that “Black people don’t have blond hair,” and it wasn’t “natural” — though white and light-skinned women had various hairstyles without incident.

Hooters coughed up $250,000 to settle with her to avoid a trial.

In the most recent case, the $250,000 award will be split among the affected Hooters Girls, reported the news outlet. The lawsuit sought back pay with interest, compensation for past and future losses, non-monetary losses like emotional suffering, and punitive damages “for their willful, malicious, and/or reckless conduct.”

This time around, however, the EEOC and Hooters of America agreed to additional remedies, though their effectiveness will likely be debated.

Greensboro Hooters will institute an annual two-hour training program for all executives, managers, and human resources employees and will commit to ensuring that anti-discrimination, anti-harassment, and anti-retaliation policies are always in place.

Within 15 days of the settlement being finalized by the court, the 42-year-old chain will tout itself as an equal-opportunity employer on its official Instagram page and encourage people of all backgrounds to apply for jobs.

As for the servers involved in the suit, if they choose, they can don their risqué uniforms once again and return to the Hooters fold. They’re allowed to apply for open positions at U.S. corporate-owned Hooters (presumably not the franchise-owned), which must give them a position if they meet eligibility criteria.

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