Thursday, April 25, 2013
A waitress at a Missouri Hooter's restaurant alleges that her post-brain surgery appearance cost her her job. Following the removal of a brain tumor, her bosses at Hooters ordered her to wear a wig to cover up her bald head and surgical scar. She responded that she couldn't afford a wig (Hooter's didn't offer to pay for it) and when she tried to wear a borrowed one, it hurt her healing wound. Then, according the the waitress, her hours were reduced so much that she had to quit. Our own Marcia McCormick was quoted on her ADA suit in the ABC News story:
Marcia McCormick, an associate professor of law at St. Louis University, said Lupo's surgery to remove a brain mass qualifies as a disability, but that Hooters could argue that her appearance was a bona fide qualification for her job.
"In the disability context, if Hooters is to say she's not as attractive now without this wig, if they're selling her attractiveness that might be a real function of her job and mean she isn't qualified by the Americans With Disabilities Act," McCormick said.
"Most companies can't say something like this, but Hooters sells this experience," she said.
There's at least something of a good ending, no matter what happens to the case, as the waitress, who was a nursing student at the time, is now employed as a trauma nurse.
Hat Tip: Joe Seiner