Equal Employment Opportunity Commission v. Joe's Stone Crab, Inc.

MARCUS, Circuit Judge-

This is the paradigmatic “hard” case, and we have labored for many months to reach the right result. On appeal, Defendant, Joe’s Stone Crab, Inc. (“Joe’s”), challenges the district court’s entry of judgment in favor of Plaintiff, the Equal Employment Opportunity Commission (the “EEOC”), on its gender-based disparate impact claims under Title VII. Joe’s is a landmark Miami Beach seafood restaurant which from 1986 to 1990 hired 108 male food servers and zero female food servers. After the EEOC filed its discrimination charge in June 1991, Joe’s hired 88 food servers from…