There are very few instances in which the law would make a concession for any type of sex discrimination in the workplace. Ruby Tuesday Inc. made the error of believing that its situation would allow for a form of sex discrimination being acceptable under the law. Patrons of the restaurant in Texas and elsewhere may be disappointed to hear about the way in which the company was making decisions for summer jobs that were available in another state.
The company had placed internal postings for temporary opportunities that were coming available with the company for the summer of 2013 in a resort town. Workers in nine states were alerted to the opportunities. These positions would have higher earning potentials, and the company would be providing the housing.
Two male employees were interested in applying for the positions, but the announcement stated that only females were able to apply. This was allegedly done so that separate housing would not have to be provided. However, based on Title VII, employers cannot provide an advantage on opportunities for positions based on gender.
A claim was filed with the Equal Opportunity Employment Commission, and an investigation was conducted. The plaintiffs will be paid a total of $100,000 and Ruby Tuesday will be required to take steps in the future to prevent this type of discrimination from happening again. Media relations for Ruby Tuesday made a statement that it is happy to have resolved the matter and that it prides itself on a providing an equal opportunity workplace. For three years, the restaurant will be required to provide additional training, as well as public postings about the resolution in its restaurants and on the company's website. Texas workers who believe that they were victimized based on any protected status characteristic have the right to pursue legal actions.
Source: thedailytimes.com, "Ruby Tuesday to pay $100,000 to settle EEOC sex discrimination lawsuit", May 22, 2015