Hooters, the well-known restaurant chain, is currently embroiled in a lawsuit that alleges one of its North Carolina locations discriminated against employees with “dark skin tones”.

The Greensboro, North Carolina Hooters had laid off over 40 employees in March 2020 as a response to the pandemic’s economic impact. However, when the restaurant began rehiring staff in May 2020, the lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) asserts that the majority of those recalled were individuals who were White or had lighter skin tones.

The EEOC’s lawsuit further contends that prior to the layoffs triggered by COVID-19, more than half of the Hooters Girls at the establishment were Black or had “dark skin tones.” However, after the May 2020 recall, this percentage reportedly dropped to a mere 8% of the Hooters Girls.

The complaint also alleges that employees with “dark skin tones” faced racial hostility and observed preferential treatment being extended to White employees during their tenure at the restaurant.

Melinda C. Dugas, the regional attorney for the EEOC’s Charlotte District, emphasized the importance of ensuring objective and non-biased criteria when recalling employees from layoffs.

She stated, “When recalling employees from a layoff, it is critical that employers examine their selection criteria to ensure they are objectively verifiable and free from racial bias. Federal law protects employees from race-based decision-making in the terms of employment, including in layoff, recall, and hiring decisions.”