Does lawsuit against Hooters carry any weight?

A former waitress who says Hooters of America placed her on a 30-day probationary period to lose weight has filed a lawsuit against the Atlanta-based company. Cassandra Smith quit her job at a Hooters restaurant in Roseville, Mich., after she says she was told to shed some pounds to improve her looks as a shift leader, according to an Associated Press story.

Smith has gotten positive employee reviews from Hooters since she was hired in 2008. She says she is 5 feet 8 inches tall and weighs 132 pounds. According to Metropolitan Life Tables, a woman of Smith’s height with a medium frame would be considered at a healthy weight if she were between 136 and 150 pounds.

Do you think Smith has a case? Is this a case of discrimination? Or is Hooters justified in its hiring and probation policies? Just how far can employers go when it comes to hiring requirements based on looks?

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9 comments Add your comment


May 24th, 2010
2:40 pm

I think she’s just another drama queen who’s looking to hit the lawsuit lottery. Hooters has a specific image they are trying to maintain in the marketplace and if Cassandra Smith is not willing to live up to that image then perhaps she needs to look for another line of work.


May 24th, 2010
2:41 pm

No, she does not have a case. And if she does, another sign that this country is going to hell….entitlement has become a severe problem. Whether true, or not, how does an employee dictate how a company should or should not run its operations? How is this discrimination, when any logical (and that’s part of our courts problem – shifting responsibility to the entity vs the individual, not simply in this case, but also on wall street where executives or employees attempt to shift responsibility to the organization/company vs. the individual broker/executive/employee who performs said irresponsible action) individual would know that most decisions are not simply a by product of objective data, but also a consequence of subjective point of view (we are human, right?). The only people in this economy that seems to be ok are the politicians, wall street, bankers, and LAWYERS. Tort reform!

Chauvinist Pig King

May 24th, 2010
2:46 pm

It’s not about LOOKS it’s about personality…and the Hot Wings. LMFAO. I’m a Dude and Ive stopped going. Strip joints are exploitation too but at least they are honest about it. And stay away from the DC Hooters. They have attitude..and they all look alike!

Chauvinist Pig King

May 24th, 2010
2:49 pm

c’mon guys we NEED lawsuits. I’m an MD, but when employers break promises or fire you for phony reasons (happened to ME) when Landladies throw out your stuff you told them you’d come back for (Me Too) or people die in coal mines from asbestos from toxic waste near their homes…ask not for whom the Bell Tolls!


May 24th, 2010
3:02 pm

Employers discriminate based on looks all the time, they’re simply not up front about it. When was the last time you saw a fat ugly broad on Fox News, for instance?


May 24th, 2010
7:13 pm

I work in a restuarant, and I agree with pig skin’s comment that personality is more important than looks. Being pleasant is the most important thing!


May 25th, 2010
10:58 am

It really does not make a difference what the rules of Hooter’s are or could be. The simple matter of fact here, is simple. This former employee is looking for easy money and Hooters is going to pay dearly for defending themselves. The only ones getting any kind of free money here are the lawyers, who as a rule don’t work anyway. Just another stupid reason to clutter up the courts. The short outfits at Hooters will continue to be filled with good lookin bodies and make their customers come back for more and more………………Simple !!!


June 8th, 2010
11:17 pm

Dang, wish I could find some big company to sue. Maybe I can slip at the Walmart or something may drop on me at the Home Depot, ca-ching.


August 25th, 2010
12:45 pm

Oh, please. She couldn’t keep her fingers off the hot wings and beer and now she wants to sue?! Give me a break – she knew what she was signing up for when she applied for the job. If she does win, let’s hope she uses the money to buy a treadmill.