Following Entry Posted 5/26/2010 08:00:00 AM

Hooters Babe Files Discrimination Lawsuit

(Detroit, Michigan) On May 14, a 20-year-old waitress at a Hooters Restaurant, Cassandra "Cassie" Smith, claims she was put on "weight probation" and told that she had 30 days to make an improvement by joining a gym and trimming down. Otherwise, the 5'8" 132-pound woman was told that she could be discharged.

“Cassie” Smith said the two company executives notified her via conference call of their decision, without ever mentioning the word “weight.”

“It crushed me,” Smith said. “I had these two women from Atlanta telling me I had 30 days to make an improvement, and I didn’t know what I’m supposed to improve. I was proud of myself, working out the last months, losing 10 pounds to get ready for my summer body. For that (call) to happen, it was almost a slap in the face.”

Although Hooters representatives have denied making weight an issue regarding discipline or dismissal, Smith filed a discrimination lawsuit this week in Macomb County Circuit Court claiming Hooters committed a civil rights violation. Smith seeks a judgment of lost wages and compensation for emotional distress.

Smith's lawyers intend to prove that Hooters violated the Elliott-Larsen Civil Rights Act which is unique to Michigan and bars discrimination based on weight.



Meanwhile, the case has garnered international attention with Ireland's largest bookmaker, Paddy Power, issuing a press release indicating that the company is taking wagers (ken@paddypower.com) on the outcome and payout of the court case (Smith v. Hooters of Roseville Inc., No. 10-2213-CD). Odds posted earlier today are:

Who will the court rule in favor of?
4/5 - In favor of plaintiff
10/11 - In favor of defendant

Damages awarded to Cassandra Smith
10/11 - None
21/10 - Less than $1,000
2/1 - $1,000 to $2,500
5/2 - $2,501 to $5,000
4/1 - $5,001 to $7,500
6/1 - $7,501 to $10,000
5/1 - Over $10,000

The betting line is subject to change, of course, as speculation mounts. The early line has Hooters favored to win the case by a narrow margin.

Presently, however, it's not clear whether the handicappers are aware that Michigan has a unique law prohibiting weight discrimination. That fact alone arguably should give Cassie Smith a slight edge in the odds.
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