John Doe A v. Penn State
First Penn State scandal lawsuit says Coach Jerry Sandusky sexually abused a boy more than 100 times and the abuse was enabled by the school's "negligent oversight."
Bradley v. Lohan
Former Betty Ford Center employee sues Lindsay Lohan for assault, alleging the actress threw a phone at her and yanked her wrist while refusing to be breathalzyed.
N.D. v. New York Post
Hotel maid allegedly raped by French politician sues the New York Post for falsely reporting that she is a prostitute who "routinely traded sex for money" with male guests.
Reinhart v. Mortenson
Two Montana residents allege the author of "Three Cups of Tea" "fabricated material about his activities and work in Pakistan and Afghanistan" to sell the book.
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• Maryland appeals court says dog owners can be held strictly liable for pit bull attacks. "Because of its aggressive and vicious nature and its capability to inflict serious and sometimes fatal injuries, pit bulls and cross-bred pit bulls are inherently dangerous." Tracey v. Solesky

• Woman who has been diagnosed as a sex addict sues a school district for failing to prevent her from having sex with male students on the school bus when she was in 11th grade.
Barksdale v. Egg Harbor Township Bd. of Ed.

• Civil rights activist challenges Georgia's "stand your ground law." "By not defining what actions create a reasonable perception justifying the use of deadly force, the Act[] potentially deprives all Georgia[n]s of the right to life without due process of law." Hutchins v. Deal

• Former patient of a Rhode Island doctor sues him for featuring her in a book about drug addiction. "Plaintiff had expected, as any reasonable patient would, that her private conversations during her treatment sessions with the Defendant would remain private and confidential."
Lisnoff v. Stein

• Class action alleges the YMCA deceives consumers by representing that it practices "Christian" values while allowing its gyms to be used for gay sex trysts. "YMCAs around the country ... are currently being used as brothels for cruising, with the YMCA's knowledge and implicit consent."
Keister v. YMCA

• Social workers are not liable for a sexual assault on a 5-year-old boy by a 16-year-old male placed in an adoptive home. "To rule against the individual defendants in this case would definitely break new ground."
Doe v. Braddy

• Student sues college for refusing to grant her the "reasonable accommodation" of a single room after she complained about her roommate's exhibitionist behavior.
Blankmeyer v. Stonehill College

• School district can be sued over a guidance counselor's sexual relationship with a student who was over the age of consent. "The inherent imbalance of power between a guidance counselor in a public school and a student may render opportunistic sexual predation sufficiently shocking, even with a 'consenting' student over sixteen, to form the basis of a substantive due process claim."
Doe v. Fournier

• Utah judge finds a "credible threat" that Utah County officials will prosecute a polygamist and his wives for bigamy. The officials' acts "suggest that an actual prosecution of Plaintiffs is forthcoming."
Brown v. Herbert

• Louisville, Ky., strip club sues a competitor for displaying an electronic sign outside a convention center that said "Don't go to Godfathers, their girls are ugly and have crabs."
The Godfather v. Trixie's Lounge

• A lawyer cannot sue two women he dated for posting derogatory comments about him on liarscheatersrus.com. "[W]hen viewed within the larger context of the website on which they were posted, there can be no doubt that a reasonable reader would understand the comments to be opinion." Coulotte v. Ryncarz

• Oglala Sioux tribe sues beer makers and Whiteclay, Neb., bars for enabling alcohol abuse on the Pine Ridge Indian Reservation. The illegal trade in alcohol has "caused devastating injuries to the Lakota people and massive financial damages to the [tribe]."
Oglala Sioux Tribe v. Schwarting




Alltop_125x125.jpg







Would-Be Hooters Guy Settles Discrimination Suit Print

The latest legal effort to bust open Hooters' hiring policy has ended with a settlement of a Texas man's class action lawsuit against the restaurant chain for refusing to hire men as waiters.

The case challenged Hooters of America's “core concept” of using well-endowed waitresses to “titillate and entice” male customers. Nikolai Grushevski filed his complaint in January after a Hooters franchisee in Corpus Christi, Texas, allegedly rejected his application for a waiter job because he is male.

Hooters seemed to have a strong defense of “bona-fide occupational qualification” (BFOQ), which applies when the “essence of the business operation would be undermined if the business eliminated its discriminatory policy.”

But court records show the parties reached a confidential settlement at a mediation April 13. Hooters attorney Stanford G. Wilson did not respond to a request for comment, but it's a safe bet that Hooters did not agree to any change in its hiring policy as a condition of the settlement.

In 1997, the company resolved three similar class actions challenging its right to hire only women in front-of-house positions. That settlement required no change in policy, acknowledging that "being female is reasonably necessary" to the performance of the Hooters Girl's job duties.

Hooters' VP of marketing has said of Grushevski's suit: “If we lose this go around, you can next expect hairy-legged guys in the Rockettes to line up and male models in the Sports Illustrated swimsuit issue."

Grushevski was seeking class-action status on behalf of “all males across the country who applied for the position of waiter at a Hooters restaurant and were denied same.” He also suggested it might be appropriate for all Hooters franchisees to be certified as a defendant class.

“It is expected that discovery will reveal that, among other things, refusing to hire men to be waiters is a condition of receiving a Hooters franchise,” he said in a court brief.

The case settled before a judge ruled on the discovery request and the settlement applies only to the Corpus Christi franchisee. Hooters had argued that the 1997 settlement -– with its acknowledgement of Hooters' hiring policy –- barred Grushevski's claims.

Playboy successfully deployed the BFOQ defense against discrimination claims involving its Bunny Girls. But Grushevski, who sued under Title VII of the federal Civil Rights Act, cited a case in which a Texas judge ruled that Southwest Airlines -– back in its racy “Love Airline” era -- discriminated against men by hiring only “attractive females” as flight attendants.

UPDATE

  • Grushevski's lawyer told the Corpus Christi Caller-Times: “My client is glad he went forward, and glad he stood up for his rights.” According to a Caller-Times reader, quoting a "worker," Grushevski "only got $1,000 plus his attorney fees."


  • Other Grushevski v. Hooters Sources


    COMMENTS

  • "Sure am glad that's over. That would have been a disaster for Hooters." -- Jeremy S.

  • "There is apparently no end to flat out stupidity. Next, some woman will sue for the right to have prostate surgery." -- Tommy G.


  • This story linked by:


    By Matthew Heller
    4/19/09


     

    Editor's note: On Point's RSS feed has moved to this link.

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