$15 Million “No Fatties” Lawsuit Can Go to Trial

In a case that highlights the risks of discriminatory behavior, a New York appeals court has given two former waitresses the go-ahead to take their $15 million lawsuit against their former employer to trial. The women, who were fired by their employer, an upscale New York City bar and restaurant, six years ago, are suing for retaliation, sexual harassment and discrimination.

The press has dubbed the case the “no fatties" lawsuit because, according to the former waitresses, they were fired for complaining about their employer’s policy of requiring waitresses to participate in weigh-ins and then posting their weight on the Internet. One of the plaintiffs claims that when she strenuously objected to being weighed, her male manager picked her up and put her on the scale. The plaintiff also claims that her manager sexually harassed her with unwanted, inappropriate touching and comments.

The employer claims the women were fired for being late and for breaking rules, but after six years of legal proceedings in the case, the appellate court found that because the disciplinary forms the employer offered as evidence against the plaintiffs had not been shown to the women in advance, there was an issue of fact as to whether the employer’s stated reasons for firing were genuine or pretextual.

WeComply’s online preventing discrimination and harassment training courses teach employees the most important real-world concepts they need to know, including the definition of sexual harassment, types of sexual harassment, conduct to be avoided, retaliation, liability for supervisor misconduct, supervisor responsibilities, responding properly to complaints, and setting the right tone. Separate courses are available for managers and for non-managerial employees. 

Categories: Discrimination & Harassment Compliance
Tags: Preventing Discrimination and Harassment