Buffalo Wings, Beer, Women, and Work

This week the new CBS Sunday night reality show “Undercover Boss” followed President and CEO Coby Brooks of Hooters of America Inc., as he worked undercover in entry level positions in his own restaurants. He cleaned up the kitchen in one restaurant, worked in the supply warehouse packaging hot wing sauce, worked as an assistant manager, and did sales and marketing with two Hooters girls offering free wings on a street corner.

Brooks admitted it had been over 20 years since he worked in a restaurant, and this was very apparent. He seemed surprised and shocked that anyone would be offended by the image of the Hooter Girls, or think his company was not pro-female.

Brooks defended the Hooter Girls concept and seemed to feel badly when a woman on the street  stated, she wouldn’t want her daughters to work at Hooters. Brooks disconnect with his company’s perception and the company he thought he was running seemed real, and not just fabricated for prime-time television.

When a Hooters manager named Jimbo suggested the Hooter Girls working at his restaurant play the reindeer game to decide which one would get to go home early, Brooks looked nausated. Jimbo then placed a plate of beans in front of each Hooter Girl and they had a race to see who could eat the plate of beans first. The question I have for Brooks was why wasn’t Jimbo fired? During the big reveal when Brooks identity was disclosed to the employees, Jimbo was simply chastised for his treatment of the Hooter Girls and told not to do that kind of thing again.

To run a good business, it is important to have an understanding of all aspects from the bottom up to the top. Anything that looks like sexual harassment should be promptly investigated and any inappropriate behavior stopped immediately. My message to Brooks-Fire Jimbo!

The Price for Failing to Investigate a Sexual Harassment Claim = $4.5 million

The United States Equal Employment Opportunity Commission (EEOC) office received a black eye this month, when a judge with the Northern District of Iowa federal court issued an order requiring the EEOC to pay more than $4.5 million dollars in costs and attorneys fees in a dismissed lawsuit against a trucking company.

Many people, including Debra L. Reilly of the Workplace Investigations Blog and Tom Crane from the San Antonio Employment Law Blog are blogging from differing perspectives on this recent federal court decision.

The EEOC had filed a series of claims against trucking company CRST Van Expedited, alleging sexual harassment of female employees. The Court dismissed the case, finding the EEOC had failed to investigate and consolidate individual claims prior to bringing the Title VII lawsuit. The judge did not appreciate the EEOC’s litigation strategy of ‘sue first, ask questions later’.

As Ms. Reilly and Mr. Crane point out on their blogs, it is important to investigate claims before proceeding with a lawsuit. Rest assured the EEOC will not be making this mistake again. All employers should be aware EEOC will be more cautious in the future.