Hooters Vows Court Battle

Second lawsuit includes drug-use allegations

Daily Tribune

By Jameson Cook, Daily Tribune Staff Writer
June 2, 2010

ROSEVILLE — A Hooters official defended his company against accusations of weight bias at its restaurant here minutes before a second lawsuit was filed that included similar allegations.

Mike NcNeil, vice president of marketing for Hooters of America, on Wednesday appeared at a press conference with three “Hooters girls” not involved in the legal action on the covered patio of the Roseville restaurant at Gratiot and 14 Mile Road.

He addressed a lawsuit filed last week in Macomb County Circuit Court in Mount Clemens by Cassandra “Cassie” Smith, 20, of Roseville, a former “Hooters girl” who claims she was placed on probation for, in effect, being too fat — unable to properly fit into her uniform. Smith, who was 5 feet 8 inches tall and 132.5 pounds at the time of her alleged probation, says she was forced to quit Hooters of Roseville after working there nearly two years.

Smith claims Hooters violated her civil rights. Michigan is the only state in the country that prevents discrimination based on weight.

McNeil said his company plans to fight the case to the end.

“This is a case we have absolutely no intention of settling, a case we plan to go all the way with,” he said. “As far as we’re concerned, this is a weight discrimination case that’s not going to go very far. It’s baseless and self-serving. ... It’s like trying to hold somebody responsible for a self-inflicted wound.”

“I guess what the basis of the lawsuit is, is that what a Hooters girl looks like matters everywhere in the United State except Michigan. I’m here to tell you it matters what they look like in Michigan as well.”

McNeil declined to discuss details of a conference call that Smith says she participated in with two Hooters executives from its Atlanta headquarters.

He said girls are evaluated regularly, and executives are involved in counseling them “to ensure no one’s legal rights are violated in any way.”

“We counsel girls and give them advice as far as nutrition and fitness,” he said.

One of the Hooters girls at the press conference was Brittany Richter, 20, of Roseville, who has worked as a waitress and trainer for about 18 months.

“I’m proud to be a Hooters girl, and I know wearing the orange shorts comes with many responsibilities,” she said during the press conference. “We have an image standard to uphold, and it’s not like any other restaurant concept.

“I feel bad people are saying untrue things about this store and managers that are untrue and outrageous. They treat us fairly and would never do or say anything to hurt any of us. They’re great people to work with.”

One of Smith’s attorneys, Richard Bernstein, insisted Wednesday his client has a strong case against Hooters because it violated the state Elliott-Larsen Civil Rights Act. Hooters can hire and fire based on performance, not image, he said.

“You cannot discriminate based on weight,” Bernstein said. “Physical appearance cannot be grounds for termination. How far does a woman have to go to keep her job? This corporation is creating an unhealthy work environment for young women.”

McNeil has admitted the company hires women based on their “image” and that once they are employed are required to “maintain or improve” their image.

Hooters has four sizes of uniforms for waitresses. The sizes range from “triple extra small” to “small,” officials said. No sizes are called “medium” or “large.”

McNeil argued that Smith doesn’t have a claim because Hooters did not take action against her — no termination, no suspension.

But Bernstein said she was a victim of “constructive termination,” forced to quit, and was placed in a hostile work environment.

Bernstein and his colleagues at the Sam Bernstein law firm also represent a second former Hooters of Roseville girl, Leanne Convery, 23, of Harrison Township, in a lawsuit filed late Monday morning in downtown Mount Clemens, minutes after the Hooters press conference ended.

Convery, who says she is 4 feet 11 inches tall and weighs 115 pounds, alleges she was asked last July 6 “to make her extra-small shirt and shorts fit more properly or she would be terminated.” She lost 15 pounds but was told Aug. 10, 2009, she was being fired for “‘no improvement’ during her 30-day ‘weight probation,’” the lawsuit says.

Bernstein said Convery’s lawsuit shows a “pattern of behavior — an M.O., modus operandi.”

Hooters of America public relations manager Alexis Aleshire could not be reached for comment Wednesday afternoon.

Melissa Jacquemain, 23, who filed an affidavit for Convery’s lawsuit, said during her employment from July 2008 to March, she “heard of at least one staff member being placed on ‘weight probation.’”

She said Convery told her when it happened that she was placed on weight probation and later fired when she didn’t lose enough.

Jacquemain said she believes Hooters officials have started to crack down on the girls’ weight because they were introducing a new midriff top for the girls to wear.

“I was asked to wear it,” she said.

Also attending the press conference were Raechel Holtgrave, Miss Hooters International 2009; and Ericka Whitaker, an Atlanta Hooters girl and former Radio City Music Hall Rockette. Holtgrave, of St. Louis, Mo., said she is 5 feet 8 inches tall and 132 pounds, the same size as Smith.

“The Hooters girl image is based on proper nutrition, exercise and a healthy lifestyle,” she said.

She said she has used the “advice and guidelines” provided by Hooters officials to remain “healthy and happy” and “will use the rest of my life.”

Whitaker noted she signed a contract to uphold Hooters’ standards.