Would this be a lawsuit

[Sissyboy2]

Hello I just had a quick question,
I work at a casino and they have a jobs as cocktail girls where they bring people their drinks. I was just wondering if I applied (not that I would but was just wondering) and got denied because I was a guy. Couldn't that be some kind of discrimination.
I guess things like this would be hard because I would have to prove to the courts they didn't hire me becasue I was a guy and not just some other reason.

Whats your thoughts on this topic. Like if I wanted to do a job like dance like a girl where I can do the same job that a women can. Is it only discrimination where if it would say girls only?
I guess it gets confuseing to when its a privately owned as well. They can get away with a lot more than publicly owned companies.

[Dresser&SO]

Just apply for the job enfemme. Problem solved

[Kate Simmons]

A job like that is usually inferred and understood but if you want to pursue it, go ahead and let us know how you make out.

[alwayshave]

I believe that when the EEOC took Hooters to court for failing to hire waiters, the government lost. If memory serves me right, the waitresses were deemed sales people and therefore, Hooters could set the conditions for employment including gender of the salesperson.

[Linda E. Woodworth]

Sorry to burst your bubble but customers, the people who pay the bills, aren't going there to see a cross dressing guy in the chorus or handling out drinks.

There's a reason why "sex sells".

If you're really set on trying to do this than I'd suggest consulting a labor attorney. Advice here is worth exactly what you pay for it......

[nvlady]

I've heard it said that you can sue anybody for anything.
Winning or losing is an entirely different matter.

[Tracii G]

I have seen guys doing that job at a few casinos of course they were dressed as guys.
Base pay but decent tips I would think.

[Debra Russell]

If you could apply as a woman and look the part of a cocktail waitress and not be questioned ....fine, but who would want to put patrons through that - they pbly would feel cheated - if it doesn't look like a duck, walk like a duck or quack like a duck it prbly ain't a duck you can't sue someone for being someone they are not...............................Debra

[grace7777]

First of all I am disclosing that I am not an attorney.

I have done some research on this topic on google.

A business can hire based on sex if it is a bona fide occupational qualification.

Title VII of the Civil Rights Act lets companies discriminate on the basis of "religion, sex, or national origin in those instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise."

Hooters was sued in 1997 and settled the litigation for $3.75 million and agreed to open up some "gender-neutral" positions to men, according to the Tribune. Hooters did not agree to let men work as servers.

Hooters was sued again in 2009 over the same issue and settled again with its hiring practices intact. This was also settled with the terms remaining confidential.

The interesting thing is that Hooters settled in both cases. It makes me think Hooters is scared of a court case that could go all the way possibly to the United States Supreme Court. If Hooter was sure of the legality of what they are doing, why settle, persue the case until the end, so that you have a court ruling on your side.

Maybe some day someone will sue and not settle, and the legality of Hooters practices can be determined by the courts. I am hoping this does happen.

Not every company can successfully argue that it's okay to discriminate against men.

In 1981, a federal court found that Southwest Airline's policy of hiring only women flight attendants and ticket agents violated the Civil Rights Act. The court also found the airline's practice of capping flight attendants' height at 5 feet 9 inches effectively discriminated against men.

I am not sure cocktail servers in casinos have to be female. I saw online a story of a male cocktail server in the Rio Las Vegas Casino. Years ago I did see a male cocktail server at a casino in Louisiana.

If there is a casino in the United States with such a policy of only allowing females to be cocktail servers, it seems questionable whether they could prevail if sued, since casinos market to a much wider audience than say Hooters.

[Teresa]

Sisyboy,
It's an interesting question, yes the thought of being dressed as an attractive waitress does have it's thrill factor and maybe some customers may enjoy it.
I guess if you were TS looking for work, then they may be treading on thin ice by refusing you a job. If it's a real question and it's something you would like to do then the only way is contact the company concerned and ask what their policy is.

Lets put this in a different light , I was a self employed photographer for thirty years if during that time I chose to carry out my work dressed, I would be perfectly within my rights to do so, it was my business but what legal rights would I have if wedding couples cancelled their contract with me if they knew I may turn up looking like a woman ?

I will say Gaby's answer should have been thought through better, the OP is an interesting question if you take the time to think about it.

[Heisthebride]

I think it less a question of gender than attractiveness. I think the casino is able to "discriminate" as they see fit based on salesmanship.

[Barbara Jo]

I am certainly against any sort of discrimination.
However an employer still has a right to hire the right person for the job and that includes the right gender as long as gender is a the major part off the job description.

For example....All "Rockettes" At NY City's "Radio City" are female and rightly so .
No one would want a male "Rockette" any way .
Yeah, that is an extreme example but, you get the idea.

[Samantha Clark]

Check out the discussion in A. McGinley, Babes and Beefcake: Exclusive Hiring Arrangements and Sexy Dress Codes, 14 Duke Journal of Gender Law and Policy 257 (2007). Interesting question.

[NicoleScott]

The interesting thing is that Hooters settled in both cases. It makes me think Hooters is scared of a court case that could go all the way possibly to the United States Supreme Court. If Hooter was sure of the legality of what they are doing, why settle, persue the case until the end, so that you have a court ruling on your side.

Maybe. It takes two to tango...I mean settle. Perhaps the other side was scared of a court decision. As likely is that it was never about a principle, but about dipping into Hooters' deep pockets. Settlement reached, mission accomplished.

When settlements are reached, we really can't draw legal conclusions. Sometimes it's cheaper and better PR to settle than to fight it in court, even when you believe you will prevail eventually.

A high school friend was approached after being seen in a shopping mall by a recruiter for an airline. My friend was attractive, well built, and under 5 feet tall. The flight sttendant position was for a corporate/executive jet with limited cabin height, hence the height cap requirement, not to exclude men. (She declined, went to college instead).

[Barbara Jo]

As far as dress codes, many jobs have dress codes.

It it can be something like a formal / business dress requirement, a company uniform or, particular safety equipment, etc .
If one does not like the dress code/ requirements before accepting a job, they should seek employment elsewhere.

It's a no brainier that everyone is not suited for every job and every employer and job seeker must be on the same page about everything that concerns the job in question.

[sometimes_miss]

Edited to remove anything possibly offensive to anyone. Sorry. I have no idea why what I posted might be considered that way. So I just deleted the whole thing.

[I Am Paula]

Once they have said 'does not interview well' you could be a unicorn and there is no legal recourse. Any body can hire whomever they want, or don't want.

[Ressie]

I guess things like this would be hard because I would have to prove to the courts they didn't hire me becasue I was a guy and not just some other reason.

Yeah. Maybe they aren't even hiring right now? Just because you fill out an app doesn't mean you'll even get an interview. I'm sure those that do get hired at some casinos have to have the right look.

I like the uniforms they wear at Ceasar's Palace! I wonder if they're available for non-employees?

[JenniferMBlack]

In this paticular case, at least in Las Vegas a hundred poeple apply for the few jobs they have open.if you don't fit the desired look or have the right experience you won't get called back. To prove why you didn't get hired would be difficult at least.

[gabyespinotv]

are you a woman? no. So, it's not discrimination, you don't meet the requirements.