Hooters Waitress Brings Weight Discrimination Case

There has an increase in weight discrimination charges under the Americans with Disabilities Act (ADA) and I think potentially there could be claims for weight discrimination under GINA which pertains to genetic discrimination (take a look at my post several weeks ago on that law). Frankly, I think that people with severe obesity problems would have a good chance of claiming this type of discrimination. But now a 132 pound Hooters waitress in Michigan, Cassie Smith, has claimed weight discrimination.

Hooters had just given Smith a glowing, two year review.

"I had excellence in... dealing with customer complaints and customer satisfaction," she said.

However, her bosses and two women on a conference call from the company's headquarters in Atlanta changed their tune when it came to her uniform evaluation.

"We have that your shorts and shirt size could use some improvement," said Smith.

Cassie, who is almost five foot, eight inches tall and weighs 132 pounds, claims she sat there while she was told that if she wanted to keep her job, she needed to drop some weight.

"These women proceeded to explain to me that I had 30 days and they would give me a free gym membership, and if I didn't improve within those 30 days I would be separated from the company," she said. "If I improved a little bit I would get 30 more days, and if I improved completely they would leave me alone."

Cassie does not have a problem squeezing into her skimpy uniform, which is an extra small tank top and shorts. In fact, she says when she started this job two years ago, she weighed about ten pounds heavier than she does now.

For Cassie, the damage has already by done. She feels she is a victim of weight discrimination by a corporation with unrealistic expectations.

"I don't want other girls to have to go through this. I don't want anyone to have to go through this," she said. "If I could've gone back and not worked there for two years to take back that feeling, I would do it."

Hooters argues that this was not weight discrimination because it is similar to the standards used by the Dallas Cowboys cheerleaders or the Radio City Music Hall Rockettes. In other words, Hooters is claiming that they have a legitimate business reason for this policy. I guess it remains to be seen whether their policy will hold up with the courts.

What do you all think?