Appeals Court Finds Direct Evidence of Intent to Discriminate by Chili’s, Orders Jury Trial Against Chili's Parent Co.

Lawsuit accuses restaurant of refusing African American woman an open table shortly before offering it to a white patron, who turned out to be her fiancé.

Brinker International (NYSE:EAT)

HOUSTON, TX, UNITED STATES, September 3, 2024 /EINPresswire.com/ -- Two and a half years after hearing oral arguments on the matter, the Fifth Circuit Court of Appeals has reversed a trial court’s dismissal, teeing up a jury trial against Chili’s Grill & Bar parent company, Brinker International, Inc. (NYSE: EAT), in the coming months. The lawsuit accuses Chili’s of racial discrimination for refusing to seat an African American woman at an open table, only to then offer it to a white patron, who turned out to be her fiancé.

According to the lawsuit, Sharnez Kavonn Hager attempted to have dinner at the Chili’s restaurant in Rosenberg, Texas, in March 2017 when she and her party, who were also African American, were refused an available table by a restaurant hostess. The hostess, according to the lawsuit, claimed that table was “reserved.”

The lawsuit alleges that, when a white man arrived and asked for a table for a large party, he was immediately given the “reserved” table. When Ms. Hager asked the hostess why the man had been offered the table, the hostess claimed that he was the person who had reserved the table. What the hostess did not know, however, is that the man, according to the suit, was Ms. Hager’s fiancé. Not only had he not made a reservation, that restaurant did not even accept reservations.

In March 2021, U.S. Magistrate Judge Christina A. Bryan recommended that the district court dismiss the case, finding that Ms. Hager had failed to bring “direct” evidence of discrimination, and that Chili’s had nondiscriminatory reasons for denying Ms. Hager the table.

Ms. Hager appealed the dismissal of her case, and the Fifth Circuit agreed with her, finding that she had presented "direct evidence" of "discriminatory treatment on the basis of race." The Appellate Court determined that the case should be put to a jury, noting that the magistrate judge erred when she classified Ms. Hager’s evidence as indirect. The Fifth Circuit noted in its opinion that Ms. Hager’s evidence includes testimony that the hostess in question told Ms. Hager after the incident, in front of witnesses, “I apologize for discriminating against you.” According to the Fifth Circuit opinion, Ms. Hager’s evidence also includes testimony that, once her party was seated, they waited 30 minutes without service, and that the waitstaff huddled near Ms. Hager’s table whispering and pointing at the table during that time.

The appellate court found that “the hostess’s apology for ‘discrimination’ relates directly to the alleged conduct—racial discrimination—and is direct evidence of the hostess’s intention to discriminate against Sharnez because of her race.” The court continued: “Ultimately, Sharnez and her group were made to feel so uncomfortable that they left the restaurant without receiving genuine or equal restaurant service. These facts easily make out and support an inference of discriminatory treatment on the basis of race.”

“First Chili’s denied Sharnez a table, and then they tried to deny her a trial. I am grateful the Fifth Circuit saw this for what it is, and has ordered the case to be tried. We are excited to present Sharnez’s shocking story to a jury of her peers,” said lead counsel for Hager, Brian Trachtenberg.

The appellate case is Sharnez Hager v. Brinker Texas, Inc., No. 21-20235, 102 F.4th 692, in the United States Court of Appeals for the Fifth Circuit.

Trachtenberg is a partner in McFadden Trachtenberg PLLC. McFadden Trachtenberg is a Houston-based law firm known for its impressive track record in complex commercial, governmental, construction, and finance litigation; corporate contractual matters including mergers and acquisitions, banking and finance, real estate, and oil and gas; and labor and employment litigation, advice, and counsel. The firm prides itself on bringing to any case a uniquely business-savvy perspective and valuable insight borne of years of courtroom, in-house, and outside general counsel experience, along with an exceptional level of client service honed by years of building highly successful client relationships. Visit greatlaw.com to learn more.

Brian Trachtenberg
McFadden Trachtenberg
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