From what I have seen of Cracker Barrel, they are an extremely tightly controlled operation. I go to various outlets when I am on the road, and the uniformity between restaurants and between each visit is downright amazing. If you look around, you wouldn't know if you were in Mobile, Alabama or Binghamton, New York. Never have I seen any customer treated badly or singled out. These restaurants are as standardized and controlled as humanly possible, but that is still not enough to eliminate each and every episode of outrageous behaviour.
Cracker Barrel should be allowed to defend itself by showing that it has made a good faith effort to maintain non-discriminatory practices and consistency of service. That should be sufficient defense against this sort of lawsuit.
Agreed,and with all the publicity over the Denny's case as well as the Shoney's case (Shoney's, like CB is headquartered in Middle TN), it is extremely unlikely that CB had any sort of discrimination-promoting policy, especially after CB's run-ins with gay activists. That said, this lawsuit might still fly due to the anecdotal evidence and the help of what sounded like a disgrunteled CB employee.