In 2006, the EEOC filed a class action against Lawry’s Restaurants including Lawry’s The Prime Rib, Five Crowns, and The Tam O’Shanter Inn, on behalf of all male applicants for server positions who were systematically rejected because of their gender. Since 1938, Lawry’s hired only females as servers and did not update their policy after the passage of Title VII. Servers’ uniforms are antiquated women’s costumes. What might Lawry’s defense be? Will this defense be successful? Explain.
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