For this assignment, I should analyze the document below. "If you the judges in this case, what would you do?". I have done it but need some additional information going forward. Could I please get some ideas as well? Thanks!
WHAT WOULD YOU DO? Circuit Court, Macomb County, Michigan Hooters restaurants are known for spicy chicken wings, company does not enforce any weight requirement." the Owl mascot (i.e., "Hooters") and Hooters'girls, Company spokesperson Mike McNeil said, "We never dressed in, as the company describes it, "white Hoot- mentioned weight. We never mentioned pounds. ers tank top, orange shorts, suntan hose, white socks, We never mentioned scales." But, he said, "We have solid white shoes, brown Hooters pouch, name-tag and an image to uphold. We've been upholding it for 27 of course ... a smile!" Hooters only hires female serv- years. Hopefully, we'll be doing it for another 27 years." ers and readily admits that "the element of female sex Moreover, he said, "You're hired based on the image appeal" is part of its business, but no more so, it argues, you have when you walk through the door." than the "socially acceptable" Dallas Cowboy Cheer- As the judge in the case, you've got a number leaders, Sport Illustrated swimsuit models, or Radio City of key determinations to make. First, the women are Rockettes. Hooters states, "The'nearly world famous' basically arguing that being fired for being too heavy Hooters Girls are the cornerstone of the Hooters con- is akin to being fired because of their age, religion, sex, cept, and as part of their job, these all-American cheer- color, or national origin. In short, they say they're being leaders make promotional and charitable appearances discriminated against because of their weight. So, if in their respective communities. Hooters hires women Hooters fired them because they were too heavy, is tha who best fit the image of a Hooters Girl to work in this illegal under state and federal law? Second, Hooters capacity." Hooters provides detailed guidelines on its will claim that the image of the Hooter Girl is central website about hair, eyes, skin, makeup, and exercise. to their business and consequently allows them to Consistent with maintaining the image of a Hooters discipline and fire waitresses for not maintaining that Girl, all of its female waitstaff must attend image classes image. This is known as a bona fide occupational quali and pass an image quiz. fication (BFOQ). When a BFOQ is "reasonably necessary Hooters is being sued for discrimination by two to the normal operation of that particular business," waitresses from Roseville, Michigan: Cassandra Smith personnel decisions can be made on the basis of race, and Leeanne Convery. Smith received positive perfor- color, religion, sex, or national origin. Is the Hooter Girl mance evaluations and was promoted to shift supervi- image, and more specifically, the weight of a Hooter sor. But at her last evaluation, the 5'8" Smith says she Girl, a BFOQ and thus a legally justifiable reason for was advised to lose weight and join a gym, despite Hooters'hiring, firing, and promotion decisions? Finally dropping from 145 pounds, when hired, to her cur- rent 132.5 pounds. She says she was given 30 days to Convery claims that since giving birth to her son, she has had problems maintaining her weight. In other lose more weight, and when she didn't, was fired. Says Smith, "I had these two women from [Hooters head- words, having children changes a woman's physique, making it more difficult to return to one's pre-baby quarters in] Atlanta telling me I had 30 days to make weight. If that's so, could she possibly have a legal case an improvement, and I didn't know what I'm supposed on the basis of the Americans with Disability Act? to improve. I was proud of myself, working out the last If you were the judge in this case, what would you do months, losing 10 pounds to get ready for my summer body. For that (phone call) to happen, it was almost a commend 30 May 2011) Hourly Employment."Hookers, help /w acombined 30 May 201 13 slap in the face."Convery, who is 4'11" and weighs 115 A. Fileg Hooters Less M this Suit Filed by Servers Food over Wright"Mice corn 24 August 2010 hip Now hooters Joses mation pounds says she was also placed on weight probation and then fired, despite losing 15 lbs. what they look mix" In a written statement, Hooters said, "No employee in Michigan has been asked to lose weight and ... the also May Jot1) C Seth, Canunctinly have 1) May Jot4 22
