A Texas-based restaurant chain didn't have an in-house HR department. Now, it might be regretting that stance after paying $1 million to settle a lawsuit accusing the company of maintaining a policy that called for a ratio of 80 percent female employees to 20 percent male employees.

As reported in BLR's HR Manager's Legal Reporter, Razzoo's, a Dallas/ Fort Worth chain of Cajun restaurants, had great financial success with "girls only" events featuring only female bartenders.

To further the success, the Equal Employment Opportunity Commission alleged, the company issued and then communicated to its managers by email a plan to keep, through hiring or promotion, the ratio of bartenders 80 percent female and 20 percent male. The plan allegedly also said that these men in the minority were not allowed to work at all during the "girls only" nights.

"Some may think that sex sells drinks, but gender ratios are illegal," said Suzanne M. Anderson, EEOC supervisory attorney and lead counsel in this lawsuit. "A hiring ratio is illegal whether it is 80-20 whites to blacks or 80-20 women to men. ? Razzoo's decision to hire and promote by gender is a clear violation of federal law [Title VII of the Civil Rights Act]."

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EEOC also brought some "monetary relief" to the males who couldn't work the big-money events, with a class of male applicants, servers, and bartenders dividing $775,000.

The restaurant chain also agreed to spend at least $225,000 to either retain the services of an HR consultant or develop a permanent HR department. The company also agreed to require training on equal employment opportunity for all employees, place antidiscrimination law posters at all locations, and undergo EEOC monitoring of employee complaints of discrimination.

Sources: EEOC and HR Manager's Legal Reporter

The state of California has accused a company of violating state law by designating a computer server room (complete with security cameras) as the location where a female employee could express milk for her newborn.

In California, state law requires every employer to provide a reasonable amount of time to accommodate expressing of breast milk and to make reasonable efforts to provide the employee with the use of a room or other location, other than a bathroom, in close proximity to the employees work area to express milk in private.

The state accused Santa Clara-based International Security Services, Inc., of failing to provide private accommodations for the employee. The state said the company initially provided a computer server room with security cameras as the room where she could express milk.

The labor commissioner received a complaint from the employee on March 4, which prompted an investigation. After the investigation, the state issued a citation, the first of its kind since the law took effect in 2002. The state also assessed a fine of $4,000.

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"Under the law, employers are obligated to accommodate employees who wish to provide breast milk for their infant children," said California Labor Commissioner Angela Bradstreet. "This employer failed to provide a reasonable amount of break time and a private room for an employee to express milk for her baby as required."

Bradstreet urged women who are not being provided appropriate accommodations for milk expressing to contact her office and file a complaint.

"This is not the type of law that we can address with enforcement sweeps and filing a complaint is important so that we can correct the violation and educate the employer," added Bradstreet.

Source: California Department of Industrial Relations