*** Googles "sans," wipes brow while sighing in relief ***
I'm not aware of any studies or surveys that the Sandbar Mexican Grill conducted on this subject. Instead, I imagine something like this:
Sandbar Customer: "Two please."
Sandbar Manager: "Sure. But before I seat you, do you see that bartender over there? She's *gasp* pregnant. That's why we have her behind the bar, instead of in your face distracting you from watching the Arizona Cardinals, losers of eight in a row. Given that it's Football Sunday, we even raised the bar an extra foot just in case her fetus is sitting high. And, as an extra precaution, we have a curtain between the bar and the employee bathroom so that you won't have to avert your eyes should nature call. We used to have a bucket behind the bar for her, but our lawyers frowned on that. Really, what am I saying is, should we just fire her? Uh, fellas?!? Come back! I'll make the other servers pee on sticks. Don't run away! I assure you, it's EPT; not that ClearBlue crap! Come one guys! Half-price Vodka/Rock Stars! Fellas!
[Dramatization: Never occurred. Ever.]
Anyway, I gather that when the EEOC sued the Sandbar for pregnancy discrimination on behalf of a waitress whom the Sandbar had fired, the EEOC wasn't all that concerned with anecdotal or scientific evidence concerning customer preferences. That's the sense I got from this EEOC press release. Rather, the EEOC believed that the waitress was fired because she was pregnant -- as opposed to the Sandbar having a legitimate business reason.
So, is it legal to fire a female bartender at a sports bar because customers supposedly prefer their waitresses without baby bumps? Probably not, as we know from the Handbook's transparent attempt to boost SEO hard-hitting two-part exposé covering the Wild Beaver Saloon.
But, a definitive answer will have to wait for another day. Wisely, the Sandbar, where "Shiturday" is just a dream, but kids eat free on Monday, settled with the EEOC.
This article was originally published on Eric B. Meyer's blog, The Employer Handbook.
For more information about LexisNexis products and solutions connect with us through our corporate site.