Introduction
Discriminatory methods are referred to by the terms disparate effect and unnecessary treatment. While different treatment is purposeful, the disparate effect is sometimes referred to as unintended discrimination. The words unfavorable impact and adverse treatment are occasionally employed as an alternative. Disparate impact arises when seemingly neutral laws, practices, norms, or other systems have a disproportionately negative impact on a protected group.
Discussion
Disparate impact, for instance, is when all candidates are tested, and the findings are used in a way that unintentionally eliminates a disproportionate number of minority applicants. This practice is most often recognized as a form of deliberate workplace discrimination (“What is disparate treatment discrimination?” 2022). Another example of the same phenomenon, for instance, is when a particular skill is only tested on a subset of minority applicants. In the instance of Hooters, there was apparent discrimination against women and men who were not employed. It is the height of discrimination to hire women for sexual objectification, not to mention an infringement on men’s employment rights.
Moreover, it should be understood that what Hooters claims to be part and parcel of their business model speaks only in favor of their guilt. Enshrining discrimination as the basis of one’s business model is unethical in itself. The existence of this kind of business is like restaurants, the basis of the model of which is racial intolerance and the exploitation of stereotypes. In any case, this is discrimination against employees and those hired.
Federal laws forbid discrimination in employment based on race, color, sex, sexual orientation, gender identity or expression, national origin, religion, age, military status, equal pay, pregnancy, disability, or genetic information. They moreover forbid discrimination based on disparate treatment and disparate impact (Symonds, 2022).
Conclusion
Hooters Inc. could argue that hiring women is part of its brand image and business model, but this justification does not erase the effects of deliberate discrimination. Based on this, I would convict Hooters of violating the federal statute against discrimination with confidence. The court may impose further fines and other sanctions it deems suitable to compensate for the harm.
References
Symonds, C. (2022). Disparate treatment & disparate impact: What’s the difference? – Factorial. Factorial Blog. Web.
What is disparate treatment discrimination? (2022). Legal Solutions, Products, Technology & Services | Thomson Reuters. Web.