Thursday, August 26, 2010

Weight Discrimination at Hooters

Hooters The WSJ Law Blog has a story on a Michigan weight discrimination claim against a local Hooter's restaurant.  According to the complaint, which a judge has just allowed to proceed:

In a performance evaluation this earlier year, [the plaintiff] claims in her complaint, a restaurant manager advised her “to join a gym in order to lose weight and improve her looks so that she would fit better into the extra small-sized uniform.” She alleged she was put on a 30-day “weight probation” and resigned.

The official uniform for Hooters waitresses, she claims, comes in 3 sizes: extra extra small, extra small, or small.

The case falls under Michigan’s Elliott-Larsen Civil Rights Act, which has prohibited employment discrimination based on height and weight (among other factors) since 1976.  I'll admit that I didn't know that had been around that long.  I also wonder whether anyone has a list of all the states with height and weight discrimination laws--there can't be a lot.

Hat Tip: John Rodgers

-JH

https://lawprofessors.typepad.com/laborprof_blog/2010/08/weight-discrimination-at-hooters.html

Employment Discrimination | Permalink

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Comments

DC has a protected class of "personal appearance"; though not intended to, it has been applied to weight...

Posted by: Seth | Aug 26, 2010 8:37:30 AM

There isn't a single player on the Detroit Pistons who measures less than 5'11"
This discrimination against based on height is repugnant and has been going on for many years.

Posted by: joe marino | Aug 26, 2010 9:03:47 AM

Isn't that a BFOQ for Hooters?

Posted by: James Young | Aug 26, 2010 8:10:24 PM

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