[Fwd: FWD: Special for **ALL** Cal Thomas fans....enjoy!!]
A. C. Szul
mack97 at EROLS.COM
Wed Oct 15 18:52:46 MDT 1997
A.C. Szul wrote:
> Los Angeles Times Syndicate
> October 14, 1997 Cal Thomas
> Not to be used for commercial purposes
> The long arm of the (c)law
> By CAL THOMAS
> (c) 1997, Los Angeles Times Syndicate
> On a visit to Miami last week I learned that the
> era of big government, far from being over, may be
> just catching its breath for a new attempt to
> impose itself as Big Brother or, in the case of a
> local restaurant, Big Sister.
> The U.S. Equal Employment Opportunity Commission
> was informed that Joe's Stone Crab restaurant, an
> 84-year-old family-owned Miami institution with 250
> employees, had not hired any female "waitpersons"
> in four years. Without a formal complaint by any
> individual alleging discrimination, the EEOC used
> Census data to persuade U.S. District Judge Court
> Daniel Hurley that a state of discrimination
> against women exists at Joe's. Last July, after a
> 10-year battle between the restaurant and the EEOC,
> the judge ruled that even though Joe's employs some
> women, it isn't enough based on the number of women
> living in the area.
> Furthermore, said the judge, if Joe's doesn't come
> up with a way to hire more women, he will stop the
> restaurant from hiring anyone until it spells out
> in a study to be approved by him the qualifications
> necessary to wait on tables. Judge Hurley issued a
> procedure for hiring future employees, including
> precise wording he wants used in "help wanted" ads
> and questions to be asked of every applicant about
> their experience and qualifications. Between 1991
> and 1995, 19 of the 88 persons employed at Joe's
> were women. Attorneys for Joe's say they've never
> discriminated and that the numbers used by the
> court are not correct. The restaurant faces a
> liability trial next year to determine damages.
> During the restaurant's annual hiring session,
> known as Roll Call, a retired Dade County judge was
> appointed by the court to monitor the event. With
> him as "observers" were an EEOC attorney, two
> industrial psychologists and two attorneys for
> Joe's. This sounds like one of those Third World
> elections that Jimmy Carter and his band of
> observers monitor to ensure there is no voter
> At last week's Roll Call, women made up just 20
> percent of the crowd, compared to 35 percent of
> last year's applicants. Each applicant was
> photographed in compliance with another court
> ruling. Requirements include the ability to carry
> and balance heavy trays of plates that weigh 23.7
> pounds. Jobs at Joe's are attractive because the
> pay for a seasonal job, October-May, is $30,000.
> Joe's attorney, Robert Soloff, says the court has
> established "quotas by (using) Census (data.)" He
> insisted that federal civil rights law does not
> require employers to attempt to correct a
> discrepancy between the gender of its work force
> and the community in which a business operates.
> "All you can do as an employer is to not
> discriminate when they show up," said Soloff. In
> the days when Joe's and its owners were a little
> younger, perhaps. But this is the '90s and your
> government will decide what discrimination looks
> like and prescribe the remedy.
> This is not the first case of its kind and it won't
> be the last. The Hooters restaurant chain, which is
> famous for more than its buffalo wings, paid $3.75
> million to settle a class-action suit on behalf of
> men who were denied jobs. Hooters will be allowed
> to continue to employ voluptuous women and dress
> them in T-shirts and shorts, but men will be
> eligible for other positions.
> This is material for stand-up comedy, not serious
> law. The drop in female applicants at Joe's this
> year might inspire the EEOC to go door-to-door in
> Miami and force women to apply for table-waiting
> jobs if numbers are of paramount importance.
> Remember, the government once required busing of
> students to achieve "racial balance," as set by
> If the EEOC and the federal courts get away with
> imposing the restaurant equivalent of busing, your
> business could be next.
> Joe's female owner, Jo Ann Bass, says, "We are
> simply baffled at the manner in which government
> has intruded in our business." Congress should hold
> hearings to clarify the authority of the EEOC and
> the courts.
> Meanwhile, the restaurant opened on Monday.
> Employees are wearing buttons saying "I'm U.S.
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