[Congressional Record Volume 144, Number 118 (Wednesday, September 9, 1998)]
[Extensions of Remarks]
[Pages E1670-E1671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, AND JUDICIARY, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 1999

                                 ______
                                 

                               speech of

                            HON. JAY DICKEY

                              of arkansas

                    in the house of representatives

                       Wednesday, August 5, 1998

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 4276) making 
     appropriations for the Department of Commerce, Justice, and 
     State, the Judiciary, and related agencies for the fiscal 
     year ending September 30, 1999, and for other purposes.

  Mr. DICKEY. Mr. Chairman, I want to show my concern about a provision 
in the chairman's bill that allows an increase of $18.5 million, for 
the Equal Opportunity Employment Commission, or EEOC. I want to do so 
by drawing attention to a circumstance in Miami, Florida, that I think 
is worthy of the gentleman's attention and the attention of my 
colleagues. It has to do with Joe's Stone Crab in Miami Beach.
  This is a well-known, world-renowned restaurant. It has been owned 
for 85 years by the same Jewish family. It has had diversity in its 
hiring practices long before it was required by law. However, it has 
been targeted and victimized by the EEOC, not because there are too few 
female employees. The owner is a female and 22 percent of the employees 
are female. The heads of the departments of the restaurant, Mr. 
Chairman, are females, but there are too few female servers, according 
to the EEOC.
  This is in contrast to what is happening with Hooters restaurants. 
Hooters has only female servers. They are a chain. The EEOC has 
targeted this one restaurant.
  The reign of terror of the EEOC against Joe's Stone Crab began on 
April 27, 1992. The charge was a failure to actively recruit female 
servers. This was done without a female filing a complaint, and it was 
done without complying with the law that 300 days prior to such a 
ruling, there had to be a complaint filed. There was no compliant 
filed. The EEOC started an investigation on its own.
  On July 3, 1997, there was a ruling by Judge Daniel T. Hurley. In his 
findings, he said that Joe's Stone Crab was guilty; those were his 
words, even though it is a civil action, that they were guilty of 
hiring discrimination.
  There was no finding of any intended discrimination, Mr. Chairman. 
Yet, the Court took it on itself at that point to take over the hiring 
practices of Joe's Stone Crab. They required that announcement of the 
roll call, which had been word of mouth, be publicized, and required 
Joe's to spend $125,000 in ads in newspapers that the Court specified.
  As a result, a fewer percentage of applicants of women was brought 
in. They hired more than the percentage of female applicants that came 
in, and again, no female complained at any time.
  When confronted with the 22 percent female hiring that had occurred 
between 1991 and 1995, the Court then just changed the statistical 
reference. They took the total of the female food servers in Dade 
County, and that was 32 percent, so they just moved the target so the 
Court could do what it wanted to do.

[[Page E1671]]

  The bottom line is that this restaurant has spent 6 years, over $1 
million; they have had bad publicity; they have had lower morale; they 
have had the Court come in and take over their operations and examine 
it from every angle. Then we are giving EEOC $18.5 million in increase. 
I think EEOC must not have enough to do. If they claim there is a 
backlog, it is because they are spending time on such frivolous 
litigation. They should be examined very carefully.
  Small businesses all across the country are being victimized by the 
EEOC. They are at the point where they cannot complain because they 
think retaliation will come. Joe's Stone Crab is a story of one owner 
saying, I will take on the government for the sake of small businesses. 
This restaurant is fighting the battle for small business all across 
the country.
  My last comment, Mr. Chairman, is that I urge, as this bill moves 
forward and in the years to come, that the chairman address the issue 
of frivolous litigation and damages that the EEOC brings upon the small 
businesses in America.

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