Two former female Hooters employees who filed a lawsuit against Hooters alleging weight discrimination can proceed with their cases after a Macomb County Circuit judge declined a Hooters’ request to dismiss the cases.
Hooters of Roseville Inc. and Hooters of America Inc., the defendants, argued that the Cassandra Smith and Leanne Convery, who worked as servers at the
, had signed agreements that “mutually bound” all parties to arbitrate the discrimination claims.
Macomb County Circuit Judge Peter Maceroni — in an opinion issued Monday that the parties received today — said the women “may not have knowingly waived their right to litigate their claims in court should their claim be proven that they were never afforded an opportunity to take the agreement with them to consult with counsel.”
The request for summary judgment was “denied without prejudice” meaning that Hooters could file for a dismissal again if they produce convincing evidence.
“For now, he rules the case stays in Circuit Court,” Michael Gatti, lawyer for Smith, said today.
Smith filed her lawsuit in May and Convery in June alleging that Hooters violated the Michigan Elliot-Larsen Civil
Rights
Act that bars employers from discrimination on the basis of religion, marital status, race, gender, age, height and weight.
By Cecil Angel, Free Press Staff Writer
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Judge lets former Hooters employees' lawsuits proceed | freep.com | Detroit Free Press
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