Final answer:
Hooters' practice of hiring only female wait staff based on sex appeal is contentious regarding the Civil Rights Act. They justify it as a Bona Fide Occupational Qualification for their brand marketing. The legality would be determined by application of the three court tests in a trial.
Step-by-step explanation:
The restaurant chain Hooters is often discussed in regards to employment discrimination due to their practice of hiring only female wait staff who dress in sexually provocative attire. The justification provided by Hooters for such hiring practices stems from their branding strategy which is centered on sex appeal to attract customers. In regards to the Civil Rights Act, Hooters has consistently settled discrimination charges out of court, thereby avoiding a legal precedent-setting decision. When examining Hooters' hiring practices through the three court tests, which could include the Bona Fide Occupational Qualification (BFOQ) defense, it becomes a contentious debate whether or not these practices are violating the act. A case that went to trial would involve rigorous examination of these tests to determine if Hooters' practice of hiring based on sex is sufficiently justified as a BFOQ and thus legal under the Civil Rights Act.