Serves Them Right


Posted by Contrarian on August 1st, 2007

If you ever wondered how and why that hot dude or babe serving you at a restaurant was so, so inept, here’s part of the reason:

In a lawsuit and a consent decree filed yesterday, the Equal Employment Opportunity Commission backed accusations by workers that Daniel Boulud denied them promotions at his restaurant Daniel because of their race and ethnicity and retaliated against some who complained about it.

But in settling those discrimination charges, the agency said, Mr. Boulud set up a promotion policy that was a model for the industry.

The settlement of a federal discrimination lawsuit filed last year by seven Latin American and Bangladeshi busboys and runners, who take dishes from the kitchen to the dining room, was announced on Monday.

Yesterday, the federal agency announced details of the decree, which settled a lawsuit it filed simultaneously against Mr. Boulud in federal court, accusing him of discrimination.

In the decree, Mr. Boulud denied the charges, but agreed to pay $80,000 in damages to seven plaintiffs as well as an eighth worker who had filed a complaint with the employment commission. Mr. Boulud also agreed to a formal promotions policy that gives the E.E.O.C. and the state attorney general the right to monitor promotions and even review résumés and interview applicants, to ensure that no racial or ethnic discrimination takes place.

“This promotion policy will be a model for the restaurant industry,” said Lisa D. Sirkin, a lawyer for the agency.

The new promotion policy at Daniel, Ms. Sirkin said, “is as, or more, comprehensive as other industries, and unheard of in restaurants.”

“Restaurants do things very informally,” she said. “When you walk in you don’t see people of color in the front.” Under the plan, she said, “People will no longer just be hand-picked because they look good.”

The workers had said that the restaurant promoted white French workers to be waiters ahead of nonwhite workers, even those who were more experienced.

The restaurant world may rival the illicit drug trade in its lawlessness — what with hiring illegal immigrants, generally screwing over its waitstaff and now outright racism. The idea that Daniel’s hiring practices will be monitored by the EEOC is frankly awesome.


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