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Week 2 Discussion
The Legal Environment
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
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?