A new restaurant, 'Knights of the Round Table,' is designed with a medieval theme. The management decides to hire only men for server positions, requiring them to dress as 'knights.' They argue that this is essential for maintaining the historical authenticity and immersive experience of the restaurant, which they claim their customers expect. Based on legal principles regarding hiring practices, evaluate the strength of the restaurant's justification. Is this policy likely to be considered legally acceptable? Explain your reasoning.

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Customer preference is not a legally acceptable reason for establishing a BFOQ. This principle is part of the 'essence of the business' test. For example, an airline cannot justify hiring only female flight attendants based on the preference of its customers, because doing so is not essential to the business of transportation.

Customer Preference and BFOQs

The Hooters restaurant chain is a frequently discussed example of a potentially discriminatory employer due to its policy of hiring only female waitstaff who wear sexually provocative uniforms. The company defends this practice by arguing that its female employees are essential to its business model, which markets through sex appeal to attract customers. Hooters has faced discrimination lawsuits from men for its hiring practices but has consistently settled these cases out of court, thereby avoiding a definitive legal ruling on whether its policies constitute a valid BFOQ.

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