On Wed, 12 May 2004 15:03:35 -0500, Herb Schaltegger
wrote:

However, gender-based discrimination IS acceptable if gender is a specific, justifiable job
requirement - a waitress at "Hooters" for example (and yes, there has
been federal court litigation about working for "Hooters").

....Not all of it has gone in Hooter's favor. Some of those suits over
gals being either fired or denied employment because their tits
weren't big enough - or, in one case, Hooter's refusing to employ
women whose tits were big enough because they were fake - went against
Hooter's and they were forced to either hire the flat-chested ones or
pay settlements. It varied from state to state, and has never gotten
to the Federal court level, IIRC.

....On the other hand, it has been successfully used to keep
transvestites out of posing as women in strip clubs where they're not
wanted by either customers or the other dancers, but not against
transsexuals who've undergone the full plumbing realignment. There's
some clubs that do hire transvestites who've undergone all the surgery
except for the neutering, but they're less than 1% of the total clubs
in the country. However, one particular case was closed along these
lines:

Judge: "Er...'Ma'am', do you still have male genitalia?"

Tranny: "Of course! The reason I'm stripping is to earn the money to
have the surgery and convert myself into a woman! The manager claims
I'm packing too much meat, and everyone can see and is supposedly
getting disgusted!"

Judge: "Well, I can sympathize, but in this case the discrimination
isn't unjustified, as this picture of you dancing shows clearly that
their concerns aren't unwarranted. I'm siding with the club owners and
managers, but will make it clear that once you've completed your
'change', they need to consider hiring you back."

....The tranny appealed, and it got tossed out. Last I heard on this
one, some customer got wind of what happened, and paid for the
surgery, and s/he got hired back as the judge promised. Go figure.


OM

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