David Perkins left a successful career in the NFL after two headinjuries. His doctors recommended for his safety, that he leave thesport if he wanted to live past the age of 30. David, not one whosits around without anything to do, decided to open a sports bar,The Wing Shack. After five years, the restaurant concept gainedmomentum and he was opening his fifth restaurant in the Michiganarea. David is proud to be socially responsible while creating jobsin the community and feeding the homeless. If David is doing sowell, he says in response to an unwarranted lawsuit, he shouldn'tbe sitting in his attorney's office spending money he could beusing to help his community. David is being sued for discriminationby two waitresses from Roseville, Michigan: Mindy Simpson and LauraWalker. Simpson received positive performance evaluations and waspromoted to shift supervisor within six months of being hired. Inher last evaluation, Simpson, who is 5'8", says she was advised byher manager to lose weight and join a gym. She was given 30 days tolose weight despite losing 13 pounds on her own after working onthe job for two months. After the 30-day period expired and she didnot lose the required weight, she was fired. Walker, by contrast,is 4'10" and weighs 120 pounds says she was put on weight probationand then fired even though she lost 20 pounds. David gives hisattorney his side of the story, "I run a successful business andpride myself on hiring women who fit the image of a sports bar. Igive guidelines on my website about hair, eyes, skin, makeup, andexercise. All of my female wait staff have to attend image classesand pass the exam. Employees are hired based on the image they havewhen they are hired." Please respond to the following questions andgive your reason for each position you share: The women are suingbecause they are being fired for being too heavy. Is that illegalunder state and federal law? David's claim is that the woman werefired because the image of Wing Shack, which is central to hisbusiness, allows him to discipline and fire waitresses for notmaintaining the image he wants to uphold. Is that claim accurate?Mindy further claims that since giving birth to her son, she hashad problems maintaining her weight. In other words, havingchildren changes a woman's physique, making it more difficult toreturn to one's pre-baby weight. Could she have a legal case on thebasis of the Americans with Disability Act?
