Hooters Waitress and Manager are Both Boobs

Hooters is once again in the legal spotlight due to a law suit from a disgruntled employee.  Cassandra Marie Smith is suing for discrimination after being put on “weight probation” at Hooters.  It might seem like a no-brainer when you go to work at Hooters that you’re going to be expected to fit a certain image, and maintain that look if you want to keep your job.

But, this time there’s a kicker.  Michigan has a law prohibiting discrimination based on weight.  Given that Smith was put on “weight probation,” this seems like an open and shut case.

Hooters clearly just needs better lawyers.  Instead of having weight requirements, they should have a more broad “corporate image” standard that requires waitresses to adhere to the corporate branding.  If challenged as merely a pretext for weight discrimination, Hooters has a real defense.  The actual number really isn’t anything they care about.  All they care about is what the waitresses look like.  An out of shape 120 lbs is a lot less attractive than a fit 130 lbs.

Don’t weigh the girls, and don’t put them on “weight probation.”  Just use your eyeballs and tell the ones who are getting flabby they need to “improve their fitness level.”

And really, Ms. Smith, what did you expect?

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6 Responses to “Hooters Waitress and Manager are Both Boobs”

  1. Dr. Rob Says:

    Shouldn’t Hooters have simply done their research on what the laws are/were in the state before opening up shop there, fully knowing they were going to employ thin women?

  2. bl1y Says:

    My first response was going to be that the law was probably new and no one caught it. But nope, it predates Hooters by 7 years.

    So, here’s what I think probably happened. Hooters was founded in Florida, and is now headquartered in Georgia. Their attorneys probably looked at the laws of Florida, Georgia, and maybe a couple other major markets, like New York, Texas and California. That would give you a really good sampling of state laws, and the lawyers assumed that there was very little variation in state discrimination laws.

    Most laws have very little variation between states, and they tend to vary in known ways. Some states divide up blame in negligence differently, ages of consent change, you need different formalities for a will, and in NY the Supreme Court is the lowest court. Few people would have predicted that any state would have an actual law saying you can’t discriminate against fatties, so I doubt anyone looked into it. I would have been focusing on health and safety standards and laws governing restaurants and liquor licenses.

    All that aside, the Hooters lawyers still should have expected that weight requirements would eventually create problems somewhere, even without a statute like this. I wouldn’t fault them for not catching this particular law, but they should have been better at predicting what’s likely to cause trouble.

    I generally detest work place regulations. Make sure the ceiling doesn’t collapse and maybe have some discrimination stuff in place, but I think if you want to hire only hot women, get drunk at noon, and tell dead baby jokes, that should be okay. Let companies choose their own cultures instead of making everything the same politically correct anesthetized “safe space.” There are so many businesses in every industry that some will be “family friendly” and some will be frat houses, and that should be okay.

    Everyone knows what Hooters is like, and you’re an idiot for getting upset at being in trouble for putting on weight. That’d be like me getting upset for working late hours at a law firm, or you being upset that at your job you have to talk to people with a bunch of problems. So long as companies are upfront and honest about their culture, I don’t see what the problem is.

    And this law is particularly retarded. You definitely should be able to discriminate on weight. I bet the Detroit Lions can refuse to hire underweight line backers, and can penalize a player who loses too much weight. If I have a company that requires moving heavy stuff, I should be able to choose employees that have the mass needed to move heavy things. Of course, most discrimination laws have an exception for positions where a certain quality is needed, like an airline can refuse to hire blind pilots because you need to be able to see to fly (actually probably not, but whatever); you need to be big to be a line backer. But, Hooters waitresses don’t just bring you wings, they pop boners, and a fat chick isn’t going to do that.

    Yeah…so, to answer you question…no. I don’t think they should have known about this law, but I think they should have known to just be careful.

    And what about weight classes in boxing? This is just a bad law.

  3. Marie Says:

    Women should NOT be discriminated against at hooters. Why the focus on women’s boobs? What about MEN? There are a lot of sloppy men out there and no on is saying ANYTHING about them.

  4. bl1y Says:

    Women aren’t discriminated against at Hooters. Hooters waitresses are all women. Men are discriminated against there (and I’m okay with that). Learn what discrimination means.

  5. Joy Alfred Says:

    How are men discriminated against at Hooters, by not getting to squeeze the derriere of every hostess, but only the one serving their table?

    I do not understand what you are getting at bl1y–how exactly are men discriminated against there? Mabye by not having all of the hostesses allowing their boobies to be fondled by any customer? Come on!

  6. Marie Says:

    Joy, no one goes to Hooters to look at men. Duh!

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