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Could Hooters then reject a woman based on visual trait connected to a race, arguing that it doesn't give her the required "sex appeal"? Skin colour would be of
by michpoch 4y ago
Could Hooters then reject a woman based on visual trait connected to a race, arguing that it doesn't give her the required "sex appeal"? Skin colour would be of course to obvious, but lips size or body shape?
- LarryMullins 4y agoNo. The only way Hooters could in principle discriminate on the basis of race is if they come up with some first amendment pretext for it; e.g. the waitress job is actually an artistic performance and for some reason the art demands the performer be a certain race. That works for movie productions, but for a bar hiring waitresses? In practice it wouldn't work because the courts and the public would both write you off as an obvious racist.