Final answer:
The discriminatory part of the job ad is specifying 'waitress' instead of using a gender-neutral term like 'waitstaff' or 'server,' potentially violating gender discrimination laws. The physical requirement to lift 20 pounds is not necessarily discriminatory, and the term 'Seasonal position only' is about the job duration, not a protected characteristic.
Step-by-step explanation:
The portion of the job ad that could be viewed as discriminatory is "waitress needed for morning shifts." This language specifically genders the position and implies a preference or requirement for female applicants, which can be a form of gender discrimination in the labor market. Hiring discrimination, based on gender, race, ethnicity, or disability status, is a significant issue and is explicitly prohibited by various laws enforced by agencies like the U.S. Equal Employment Opportunity Commission (EEOC).
The requirement to be able to lift 20 pounds is relevant to the job's functions and likely does not constitute discrimination unless it is shown to disproportionately exclude qualified applicants based on gender, and alternative accommodations cannot be made. The label "Seasonal position only," however, is not discriminatory as it pertains to the duration of the employment and not to any protected characteristic of potential applicants.
While some businesses, like Hooters, claim that hiring only female wait staff is essential to their business model, this would likely fail the 'essence of the business' test, according to established legal standards, unless the employment directly impacts the essence of business operations. Further, the three-part test for sex-related bona fide occupational qualifications (BFOQs) would also rule against such gender-specific hiring unless it's proven that gender is essential to the job and no reasonable accommodations can be made.