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Joe Stone Crab Restaurant of South Miami Beach, Florida had a reputation for hiring only male waiters. Women did not apply for waitstaff positions there because of this reputation of discrimination. In the five year before the EEOC brought suit against it, Joe's hired 109 male waiters and 0 females. After the suit was filed, female applicants composed 22 percent of the applicant pool and received 21 percent of the waitstaff jobs. In deciding the case dealing with the five year period preceding the lawsuit, the district court looked at the workforce statistics and the radical workforce imbalance between the number of males hired (108) and the number of females hired (0) along with the statistical availability of qualified women in the labor market. Was Joe's Restaurant guilty of disparate impact discrimination based on the statistical disparities? How would you decide this case? In answering, please be sure to state the definition of a disparate impact case.
In your opinion, did the new owners take any illegal action? Is there evidence of a crime in this scenario?
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