David Perkins, left a successful career in the NFL after two head injuries his doctors recommended for his safety to leave the sport if he wanted to live past the age of 30. David not one who sits around without anything to do decides to open a sports bar, The Wing Shack After 5 years the restaurant concept gained momentum and he was opening his fifth restaurant in the Michigan area. David is proud of himself being socially responsible for creating jobs in the community and feeding the homeless. If David is doing so well he shouldn’t be sitting in his attorney’s office spending money he could be using to help his community on as David expressed an unwarranted lawsuit. David is being sued for discrimination by two waitresses from Roseville, Michigan: Mindy Simpson and Laura Walker. Simpson received positive performance evaluations and was promoted to shift supervisor within 6 months of being hired. However, in her last evaluation Simpson who is 5’8” says she was advised by her manager to lose weight and join a gym, she was given 30 days to lose weight despite her losing 13 pounds on her own after working on the job for 2 months. After the 30 day period of not losing weight she was fired.

Walker on the other hand, who is 4’10’ and weighs 120 pounds says she was put on weight probation and then fired even though she lost 20 pounds.

David gives his attorney his side of the story, “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 of my female wait staff have to attend image classes and pass the exam. Employees are hired based on the image you have when they are hired.” Please respond to the following questions and give your reason for each position you share

  • The woman are suing because they are being fired for being too heavy, is that illegal under state and federal law?
  • Is David’s claim the woman were fired because the image of the Wing Shack that is central to his business which allows him to discipline and fire waitress for not maintaining the image he wants to uphold for the sports bar accurate?
  • Mindy further claims since giving birth to her two month old son, she has had problems maintaining her weight. In other words having children changes a woman’s physique, making it more difficult to return to one’s pre-baby weight. Could she possibly have a legal case on the basis of the Americans with Disability Act?
The Legal Environment