According to the lawsuit filed by Kisuk Cha, the computer receipt he and his girlfriend received for a July 1 takeout order contained the slur "Chinx."
The suit was filed Monday in Brooklyn federal court.
Cha's attorney, Daniel Baek, said his client was shocked and threw away the food when he got home.
A lawyer for the restaurant franchise said the food server whose name appeared on the receipt was cleared after a hostess admitted she wrote the ethnic slur.
Edward McCabe said the hostess has apologized and resigned.
The suit names Hooters of America, the owners of the Queens franchise and the two workers.
Get Eyewitness News Delivered