Question

In: Operations Management

David Perkins left a successful career in the NFL after two head injuries. His doctors recommended...

David Perkins left a successful career in the NFL after two head injuries. His doctors recommended for his safety, that he leave the sport if he wanted to live past the age of 30. David, not one who sits around without anything to do, decided to open a sports bar, The Wing Shack. After five years, the restaurant concept gained momentum and he was opening his fifth restaurant in the Michigan area. David is proud to be socially responsible while creating jobs in the community and feeding the homeless. If David is doing so well, he says in response to an unwarranted lawsuit, he shouldn't be sitting in his attorney's office spending money he could be using to help his community. 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 six months of being hired. 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 losing 13 pounds on her own after working on the job for two months. After the 30-day period expired and she did not lose the required weight, she was fired. Walker, by contrast, is 4'10" and weighs 120 pounds says she was put on weight probation and then fired even though she lost 20 pounds. 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 they have when they are hired." Please respond to the following questions and give your reason for each position you share: The women are suing because they are being fired for being too heavy. Is that illegal under state and federal law? David's claim is that the woman were fired because the image of Wing Shack, which is central to his business, allows him to discipline and fire waitresses for not maintaining the image he wants to uphold. Is that claim accurate? Mindy further claims that since giving birth to her 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 have a legal case on the basis of the Americans with Disability Act?

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Expert Solution

Answer:-

- The ladies are being taken shots at being excessively overwhelming. That is unlawful. According to the Michigan territory state law, this will go under the association's illegal act. And ladies who are fired for overweight are going to fall into two classes, one being weight segregation and the other being sex separation on the grounds that solitary ladies are being fired.

Legitimately in the Michigan territory, as they have lawful insurance under weight separation, laborers couldn't be fired due to the weight factor.

- David's contention looks accurate that he needs his worker to hold the notoriety of his business shop so he can improve the region's train and continue the area's degree of representative mindfulness. However David additionally needs to meet the legitimate class and David's test must observe the standards of the state and federal government.

So David can not claim whatever's illegal in the region around Michigan. David can set up his capabilities by concurring with state and federal legitimate rules, and he can distribute on his site so candidates can connection to the David's working environment before going after the position.

- Mindy's declaration that she brought forth her two-month-old child, and that losing her pre-infant weight will be more enthusiastically for her. They may have lawful case under the American with Disability Act, as a result obviously this isn't effectively conceivable on the grounds that one can not be excused for characteristic causes. So in his rules David needs to think about these legitimate focuses.

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