Week 2 Discussion - The Legal Environment

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David Perkins left the NFL after two head injuries. He then opened a sports bar, The Wing Shack, which soon grew to five restaurants in the Michigan area. David says that he creates jobs in the community and feeds the homeless. But David is being sued for discrimination by two waitresses: Mindy Simpson and Laura Walker.

Mindy received positive performance reviews and was promoted to shift supervisor within six months of being hired. In her last evaluation, Mindy says she was advised by her manager to lose weight and join a gym. When she did not lose the required weight over a 30-day period, she was fired. Laura says she was put on "weight probation" and then fired after losing 20 pounds, which was evidently not enough.

David says, "I run a successful business and pride myself on hiring women who fit the image of a sports bar. I give guidelines on my website about hair, eyes, skin, makeup, and exercise. All my female wait staff have to attend image classes and pass the exam. Employees are hired based on the image they have when they are hired."

Please respond to the following questions and give your reason for each position you share:

• The women are suing because they are being fired for being too heavy. Is that illegal under state and federal law?
• David claims that he is allowed to discipline and fire waitresses for not maintaining the image he wants to uphold. Is that true?
• Mindy further claims that since giving birth to her son, she has had problems maintaining her weight. Having children often changes a woman's physique, making it difficult to return to one's pre-baby weight. Could she have a legal case based on the Americans with Disabilities Act?