Tuesday, June 13, 2006
Ann Althouse, based on an Washington Post article, describes in much detail the various background facts that led Alyse to sue for $100 million dollars the producers of the show, as well as a number of other officials, including Sprotsy, all for sexual harassment and wrongful dismissal.
Of course, this is a serious case with all sorts of interesting aspects to consider, such as whether having smaller breasts is a bfoq for being a Broadway dancer and whether such adverse employment actions constitutes gender stereotype discrimination or whether this is just another non-discriminatory appearance code case like the one recently examined by the en banc Ninth Circuit in the Jespersen casino case.
It may be all this, but as Althouse points out, the Washington Post piece is filled with choice quotes, including:
"It's a virtue to have bigger breasts on Broadway, in my expert opinion," Klayman[, Alyse's well-known attorney] observes one balmy evening, over dinner with Alyse at a seaside restaurant called Bongos.
And Billy Joel himself, not a party to the suit, chiming in and protesting that:
Under no circumstances would I ever have anyone fired for having breasts that were too large.
Well, as I always say to my students when teaching employment discrimination law, you just can't make this stuff up and truth is stranger than fiction.