Part 1
Attractiveness Discrimination: Yay or Nay?
No, employers should not be allowed to discriminate based on attractiveness. However, based on California Fair Employment laws, it is not illegal for a company to hire based on physical appearance (cmgroup, 2018). What makes this question difficult is that restaurants like Hooters have argued and settled lawsuits based on bona fide occupational qualification which says that women they hire are essential to the business operations (The Strange Loophole That Lets Hooters Hire Only Female Servers, 2015).
Don’t Say Anything and No One Will Look
This is a difficult question because restaurants known colloquially as “breastaurants” have found a grey area in written law where a court of law won’t rule that they commit discriminating hiring practices. However, they need to settle these cases to make them go away. Not to mention, servers who accept a job accept company policy, if the policies aren’t illegal, and to this point, no court of law has said they are, they aren't breaking the law.
Change of Mind?
I still believe companies should not be allowed to discriminate based on attractiveness. While the written laws may not be equipped to handle this situation, the "laws of personal spending" allow consumers to make decisions about where they patronize. As much as I believe this is bad faith practice, they are legally allowed to do what they are doing.