Sunday, November 28, 2010

Age and Sex Discrimination In South Florida

Age and sex discrimination in the hospitality and restaurant business is a daily occurrence for many over forty male and female job seekers. It is not uncommon to see Craiglist job postings in the “food / bev / hosp” section looking for “Female” – Bartenders, Hostesses or Bottle Servers. Many times the ads are accompanied by a request for a “recent picture.” Sure I get the idea that young females are supposed to attract men who then spend money. However, I can tell you that after twenty-five years in the business, the sex and age of your employees have nothing to do with making a restaurant or night club profitable. I’ll take an attentive anyone who can anticipate the needs of the guests over an employee who is more interested in texting and checking out the people on the dance floor. I’m not saying that a young female server is necessarily going to be less qualified than an older server. I am saying that age and sex do not make a difference, and should not be considered when hiring.

Additionally, and I forgot to point this out. Age and sex discrimination is against the both Florida State as well as Federal laws. There can be stiff penalties and fines for a business that discriminates; not to mention attorney fees and costs and settlement dollars which are subtracted from net profits.

Age and sex discrimination are one of the primary focus areas of law which I pursue as a hospitality attorney. I do not expect to make changes over night, however, I have identified several businesses, clubs, and nationwide restaurant chains where I plan on starting. We have filed several age discrimination (ADEA) complaints with the EEOC against large national chain restaurants that both have multiple Florida locations.

If you need more information or would like to point out or complain about an ad which you think is discriminatory, please contact my office by email or phone. Additionally, if you have recently applied for a job and you think you were discriminated against, please contact us and discuss the matter with one of our attorneys.