Judge: It's OK to Fire Waitresses for Being Fat
An Atlantic City judge rules in favor of weight discrimination policies.
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"For the individual labeled a 'babe' to become a sex object requires that person's participation and nothing before the court supports a finding of fraud, duress or coercion in connection with the plaintiffs' hiring," the judge wrote. "Plaintiffs cannot shed the label "babe'; they embraced it when they went to work for the Borgata."
Uh-huh. So by the judge's definition, you can't be chubby, or thick, or a little overweight and still be a "babe." "Babe," according to the judge, is synonymous with whippet thin. Hmm. Since when?
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This isn't the first time a female server has sued over weight discrimination. In 2010, Hooters waitress Cassandra Smith filed a discrimination suit after the chain put her on a 30-day weight-related probation.
So where do we go from here? "Weight is the last bastion of discrimination in the workplace that's still acceptable," said James J. Parks, a lawyer who works on harassment and employment-related cases. "Whether an employer's policy is nice or nasty doesn't mean anything. Whether it"s illegal is another issue, and unfair doesn't always equal illegal."