Waitress or Entertainer?
“This really is the cornerstone of civil rights: You can’t discriminate based on appearance.”
—Richard Bernstein, an attorney for two former waitresses in Michigan who said Hooters fired them because of their weight, told a newspaper the case is about civil rights. But Hooters said the appearance of its waitresses is a legitimate business concern; the company considers the waitresses to be entertainers. Bernstein represents Cassie Smith and Leanne Convery in lawsuits that claim they were fired as waitresses because they weren’t slim enough. Michigan is the only state with a law that prohibits discrimination based on weight, the Detroit Free Press reported. Six cities – San Francisco; Birmingham, N.Y.; Santa Cruz, Calif.; Madison, Wis.; Washington; and Urbana, Ill. – have adopted their own weight discrimination laws.
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