Hooters is facing a lawsuit alleging that one of its locations in North Carolina failed to recall certain employees after the COVID-19 pandemic because they were either Black or had "dark skin tones." 

The Greensboro, N.C. Hooters laid off more than 40 employees in March 2020 in response to the pandemic. When the restaurant began recalling employees to return to work in May 2020, the restaurant recalled "mostly employees who were White or had light skin tones," the U.S. Equal Employment Opportunity Commission (EEOC) alleges in its lawsuit. 

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The lawsuit alleges that more than half of the Hooters Girls were Black or had "dark skin tones" prior to the COVID-related layoffs. That figure dropped to only 8% of the Hooters Girls after the May 2020 recall, according to EEOC. 

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The complaint further alleges that Hooters Girls with dark skin tones "experienced racial hostility and observed preferential treatment of White employees while employed at the restaurant." 

"When recalling employees from a layoff, it is critical that employers examine their selection criteria to ensure they are objectively verifiable and free from racial bias," said Melinda C. Dugas, regional attorney for the EEOC’s Charlotte District. "Federal law protects employees from race-based decision-making in the terms of employment including in layoff, recall and hiring decisions." 

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FOX Business has reached out to Hooters for comment and will update this story accordingly.