State And Case Law Relationship Essay

2034 words - 8 pages

State and Case Law Relationship Paper•EEOC v. Jillian's of Indianapolis, Inc., Jillian's Entertainment Holdings, Inc. & Jillian's Entertainment Corp., No. IP00-1452-C-B/G (S.D. Ind. Aug. 12, 2004)This case was brought under Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on gender (or sex), as well as many other aspects of the employment relationship. It applies to most employers engaged in interstate commerce with more than 15 employees, labor organizations, and employment agencies. The Act prohibits discrimination based on race, color, religion, sex or national origin. Sex includes pregnancy, childbirth, or related medical conditions. It makes it illegal for employers to discriminate in hiring, discharging, compensation, or terms, conditions, and privileges of employment. Employment agencies may not discriminate when hiring or referring applicants (LII legal information institute [LII], 2004).In this Title VII class suit, it was alleged that Jillian's of Indianapolis, Inc., a restaurant which is part of a chain that operates restaurants with big screen TVs, video games, billiards, and live music, refused to hire men as food servers. The case states that the restaurant's general manager told male applicants the company did not hire men for server positions. The general manager also said during the EEOC's investigation that its patrons preferred female servers and, therefore, male applicants were only hired for door host, bar, and kitchen positions (The U.S. Equal Employment Opportunity Commission [TUSEEOC], 2004).The case was resolved by a three-year consent decree which is contingent on Jillian's (which has now filed Bankruptcy) obtaining an order from the bankruptcy court approving the use of funds from its employment practices liability insurance policy to pay $350,000 in compensatory damages to the class members and $10,000 in administrative expenses to advertise for and locate class members. Class members are to include male applicants and former and current male employees who were denied server positions at the Indianapolis restaurant in 1999 or were deterred from applying for such positions, and all males employed as servers in 1999 or 2000 who were offered less favorable server shifts, areas, and/or parties than female servers. The amounts of the class member awards are to be determined by the EEOC and can be disputed in a fairness hearing. The decree provides that Jillian's will hire for all positions without regard to sex, and will maintain applicant flow logs and applications at all Jillian's facilities for the duration of the decree. The decree also requires Jillian's to post prominently a non-discrimination notice on the front door its facilities, as well as on an employee bulletin board, for the duration of the decree. In addition, Jillian's must include the statement that "Jillian's is an equal opportunity employer" in its advertisements to recruit or locate employees and attach a statement...

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