Feds force something new on Lawry's: Male servers

After more than 70 years, something new will be coming to local Lawry's The Prime Rib, a popular River North restaurant -- male servers. But it took a federal lawsuit and a settlement of more than $1 million to make it happen.

The U.S. Equal Employment Opportunity Commission on Monday announced the settlement of a sex discrimination class action lawsuit for $1,025,000 against Lawry's Restaurants Inc., which includes Lawry’s The Prime Rib, according to a release from the EEOC.

The suit accused the chain of failing to hire men into food server positions for decades at restaurants in Chicago, Las Vegas, Dallas, Los Angeles, Beverly Hills and Corona del Mar, Calif.

The EEOC suit charged Lawry’s with maintaining a longstanding companywide policy of hiring only women for server positions in violation of Title VII of the Civil Rights Act of 1964, which prohibits sex-based discrimination. The suit was prompted by a charge of discrimination filed in March 2003 by a male applicant in Las Vegas, the release said.

The EEOC filed suit on March 31, 2006, in the U.S. District Court for the Central District of California after finding merit to the charge and attempting to reach a voluntary settlement , the release said.

The federal investigation found that Lawry’s policy barring men from being hired as servers has existed since 1938, despite enactment of Title VII a quarter century later. Lawry’s claimed the policy was based on tradition, but the EEOC found it adversely affected men on the basis of sex, the release said.

Under the consent decree, Lawry’s has agreed to change its policies and actively promote the hiring of men into server positions. The three-year decree, pending approval by a federal judge, require Lawry's to:

-- provide monetary relief through a class fund of $500,000 and hire a claims administrator to identify and distribute the monies to the class of individuals;

-- pay more than $300,000 for an advertising campaign regarding the hiring of food servers;

-- pay $225,000 for training all of employees on compliance with Title VII, and reverse hiring and other policies to comply;

-- appoint an equal employment opportunity officer to ensure compliance and report to the EEOC on progress; and

-- post a notice at all restaurants in at least three locations frequented by employees.

“Sex discrimination, against men and women alike, continues to be a problem in the 21st century workplace,” EEOC Acting Chairman Stuart Ishimaru said in the release. “This case should remind corporate America that employment decisions must be based on merit and ability to do the job -- not on gender stereotypes.”

EEOC L.A. District Director Olophius Perry said “The EEOC will never condone discrimination in the name of so-called tradition. Every individual deserves a fair chance to obtain a job based on their talent and qualifications, regardless of gender.”