Hooters Waitress Files Lawsuit Over Weight Flap

The Detroit News

By Catherine Jun
May 24, 2010

Roseville - A Hooters server has filed a lawsuit against the restaurant chain after she was placed on probation for gaining weight.

Cassandra Smith, 20, of Roseville, filed a suit in Macomb County Circuit Court today. The lawsuit charges

Hooters of America Inc. violated her civil rights by discriminating on the basis of her weight. "It is unreasonable to require that person like Plaintiff be underweight and subject themselves to potential physical and mental health risks as a condition of working for Defendants," the lawsuit reads.

The Sam Bernstein law firm in Farmington Hills filed the suit and announced the filing.

According to the suit, Smith received exemplary reviews during her two years working for the Hooters at 14 Mile and Gratiot, and was even promoted to shift leader. On May 14, she was called into an office for her annual evaluation where she was counseled about the "fit of her uniform" and advised to join a gym. She was then required to sign an agreement placing her on a 30-day "weight probation," the lawsuit states.

Smith is 5 feet, 8 inches tall and weighs 132.5 pounds, according to Smith and her attorneys. Smith says she has worn an extra small uniform since the start of her employment.

Her weight, the suit states, is "within the medically acceptable range (and is in fact at the low end of this range)."

The suit alleges Hooters violated the Michigan Elliott-Larsen Civil Right act, which bars employers from discriminating on the basis of factors such as religion, color, and age as well as height and weight.