DiMillo's Floating Restaurant on Long Wharf, Portland, Maine, ran a help wanted ad in the Portland Press Herald, which read in part:
Bartenders/Cocktail Service, Experienced Only. Applicants must be able to wear uniforms sizes 8 to 12.
Complaints were made to the Maine Human Rights Commission. Antonio DiMillo defended the ad in a newspaper interview, expressing the view that all over the country the restaurant industry routinely hires waitresses based on their size. DiMillo was quoted as saying: "Do you go out to eat and drink? Do you like to see a fat, big broad coming at you?"
Against whom, if anyone, does the ad discriminate? What responsibility, if any, does the newspaper have in publishing employment advertisements that are found to discriminate? [See page 13 of the Portland Press Herald, Vol. 121, No. 127, Thursday, Nov. 18, 1982.]