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Last year, the court agreed with the network’s contention that it employed other middle-aged male weather anchors, not just young women — leaving open the question of whether CBS would have had a legal right to hire only young, attractive women.
Also Read: Middlebury Professor Speaks Out About Mob That 'Gave Me a Concussion' Outside of the news and entertainment industry, employers are rarely successful when they argue that they need to hire attractive young women to please their male customers.
And it won a resounding courtroom victory when it used the First Amendment to defend itself against a race discrimination lawsuit claiming it intentionally hired only white Bachelors and Bachelorettes.
(Age and looks weren’t an issue in this case, given that everyone involved in the dating franchise is young and almost universally regarded as attractive.) Nathaniel Claybrooks and Christopher Johnson, two African Americans, sued ABC after being rejected as applicants to be the “Bachelor” in 2011.
Eventually, diversity won the day — as Lindsay’s casting as the next “Bachelorette” shows.
But the ruling was based on ABC’s decision that she would be the best Bachelorette, not a judge’s order.
They said in their Nashville, Tennessee lawsuit that the “complete lack of people of color” in the two shows “is no accident.” ABC responded by saying that the network shares the men’s “goals of reducing racial bias and prejudice and fostering diversity,” and that it never discriminated “based on race in connection with the casting process” for the “Bachelor” and “Bachelorette” shows.
Hooters has been hit with class-action lawsuits for hiring only ” Hooters Girls” as servers, and settled by agreeing to hire men as bartenders and hosts, but has stuck to its all-women server policy.
A Texas federal judge shot that argument down, saying that the primary functions of ticket agents and flight attendants are to book flights, sell tickets, maintain cabin safety, and serve food and drinks — and that all of those tasks could be done by men.
Congress gave employers permission to discriminate based on sex — but not on race — but only when gender is essential to the primary function of the job.
Besides, the network said, it was allowed to hire weather anchors who were “local celebrities” to boost ratings.
But Hunter’s case won’t decide the question of whether networks have a Constitutional right to hire weather reporters in the “blond, attractive, buxom mold” — because the California Court of Appeal dismissed Hunter’s discrimination case last year based on a separate argument from CBS.