The Chicago Tribune has reported that some female servers and bartenders have filed EEOC charges against the Twin Peaks breastaurant in Orlando Park, Illinois. Unlike previous claims brought by male applicants against Hooters challenging its female-only Hooters Girl policy, these new claims do not appear to present an existential threat to breastaurants, so fans of those high-brow establishments can take a sigh of relief. The principal claim appears to be sexual harassment, based on the alleged requirement that female servers have been required to wear overly revealing clothing, among other practices. Even if it's lawful to hire only women for certain positions, they're still protected, of course, against sexual harassment, and a breastaurant worker might be particularly vulnerable. In the wake of #MeToo, this could be an interesting case.
This blog reflects the views solely of its author. It is not intended, and should not be regarded, as legal advice on how to analyze any particular set of facts.