How Is Hooters Still Open?

In a world that increasingly calls out sexism and misogyny, you might be wondering how Hooters, a restaurant chain that's as tasteless as its chicken wings are tasty, manages to stay in business. It's a reasonable question, especially given how many lawsuits the chain has faced.

Though Hooters serves some pretty decent chicken wings, the controversial "breastaurant" is best known for its Hooter Girls — its legion of young, attractive, scantily-clad waitresses in the iconic Hooters uniform: a low-cut white tank top emblazoned with the brand's logo, orange short-shorts, and white sneakers paired with sun-tan colored nylons straight out of the 1980s.

Given its practice of hiring staff based on attractiveness and desirability, it's no surprise that Hooters has been described as an "employment law nightmare," and has battled numerous sexual harassment and employment discrimination lawsuits, which included reports of assault and a "sexually hostile workplace."

What's puzzling is that while the chain experienced a downturn in business from 2012 to 2016 — likely due to changing cultural norms via the #MeToo movement – and has no shortage of legal troubles, Hooters is actually growing. In part because it has managed to settle its lawsuits out of court and adapt (somewhat) to changing times and tastes.

To address lagging sales, in 2017 the brand launched Hoots Wings by Hooters, a family-friendly, fast-casual version of the restaurant minus the waitresses in skimpy uniforms. It also made some smart pivots ahead of 2020 — including a focus on takeout and delivery — which positioned Hooters to thrive during the pandemic.

Hooters' legal troubles

To work on the Hooters legal team is to stay booked and busy. In 1997, Hooters was sued by a group of men for their policy of only hiring female servers. The company rebutted, arguing that Hooters waitresses aren't just servers, they're "entertainers." Hooters eventually settled the suit for $3.75 million. This was just the tip of the iceberg.

The chain has also been called out for racist and fat-phobic policies. In 2010, a former Hooters employee sued the company after she was told she had to lose weight or lose her job — a case that was also settled out of court. In 2015, a former waitress sued Hooters for $250,000 and won, after being barred from wearing blonde highlights because she was told that, as a Black woman, they wouldn't look "natural" on her. This was followed in 2023 by a lawsuit against a North Carolina Hooters, alleging that after pandemic layoffs, the restaurant chose not to rehire its Black and dark-skinned waitresses. A month later, Hooters settled a similar racial discrimination lawsuit for $650,000.

Even if the word "breastaurant" makes you want to throw up in your mouth a little bit, the chain likely isn't going anywhere soon. When it comes to navigating problems of their own creation, Hooters seems to be "as wise as an owl."

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