lose weight despite losing 13 pounds B u s i n e s s F i n a n c e

David Perkins left a successful career in the NFL after two head
injuries. His doctors recommended for his safety, that he leave the
sport if he wanted to live past the age of 30. David, not one who sits
around without anything to do, decided to open a sports bar, The Wing
Shack. After five years, the restaurant concept gained momentum and he
was opening his fifth restaurant in the Michigan area. David is proud to
be socially responsible while creating jobs in the community and
feeding the homeless. If David is doing so well, he says in response to
an unwarranted lawsuit, he shouldn’t be sitting in his attorney’s office
spending money he could be using to help his community. 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 six months of
being hired. 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 losing 13 pounds on her own after working on
the job for two months. After the 30-day period expired and she did not
lose the required weight, she was fired.

Walker, by contrast, 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 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’s claim is that the woman were fired because the image of Wing
  Shack, which is central to his business, allows him to discipline and
  fire waitresses for not maintaining the image he wants to uphold. Is
  that claim accurate?
• Mindy further claims that since giving birth to her 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 have a legal case on the basis of the
  Americans with Disability Act?