Restaurant Discrimination Project

California’s welfare reform “Work First” model has placed thousands of women in entry-level, low-wage restaurant jobs. According to a National Restaurant Association publication that analyzed 1998 and 1999 data from the Bureau of Labor Statistics (BLS), nearly three out of four fast food operators have recently hired an employee who is a former welfare recipient. Many of these jobs do not provide self-sufficient wages or opportunities for skill enhancement, which is necessary for upward mobility. Women comprise the bulk of the workforce in this industry,  yet they overwhelmingly occupy the lowest paying positions and work at lower-priced establishments.

As women try to secure restaurant jobs that could provide them with higher wages and job stability, they face sex discrimination in hiring, promotions, and compensation. A University of Pennsylvania study found that in 68 of New York City’s most expensive and elite restaurants, roughly one-third of these restaurants do not hire women for server positions even though there was an available pool of female servers. Another study of 65 high-priced restaurants in Philadelphia had similar findings; the study conducted a “test” and sent 130 comparably qualified pairs of men and women to apply for server jobs.The report found that even though the female applicants were as qualified as the male applicants, they experienced—at a statistically significant rate—discrimination in obtaining interviews and being hired.

The restaurant industry is also especially susceptible to incidents of sexual harassment; a research study found that over 42% of the female restaurant employees surveyed, reported that a customer, manager or co-worker had sexually harassed them.Over 60% of all those surveyed (including male restaurant employees) stated that sexual harassment occurred more often in the restaurant industry than other industries and over 71% of all the respondents stated that sexual harassment is more accepted in the restaurant industry than in other industries.

ERA has been awarded a grant by the EDJe Fund of the Women’s Foundation to combat gender discrimination in the restaurant industry through impact litigation. ERA is currently developing a work plan for this project to identify areas for impact litigation.