[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
>               fraud.
>
>               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
>               Washington.
>
>               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.
>               Government-Approved."

--
-A
http://www.erols.com/mack97



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