More Lawsuit Stupidity (Michigan/Hooters)

[Kennedy 0]

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/08/24/financial/f195918D58.DTL&tsp=1

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Mich. judge lets Hooters weight bias suits proceed


A Michigan judge has given the go-ahead to lawsuits by two ex-Hooters waitresses who say they were fired because of their weight.
Michigan has a pioneering law that prohibits discrimination based on weight. The 1976 law also bans discrimination based on age and height.
Hooters of Roseville Inc. and Atlanta-based Hooters of America Inc. say the law shouldn't apply because their waitresses are entertainers whose appearance is a legitimate concern.
Macomb County Circuit Judge Peter Maceroni on Monday denied Hooters' request to dismiss the suit because the waitresses had signed an arbitration agreement.
Maceroni says the women may not have knowingly waived their right to sue.
The former waitresses are by Cassandra Smith and Leanne Convery.

Ok, so the suit is pretty ridiculous on its face, but what really kills me is the line about how the judge "says the women may not have knowingly waived their right to sue.". Wow, lad signed contracts still aren't worth shit in Michigan.

As to the merits of the suit, I would think it's ridiculous, no different than choosing a model or other showpiece. Of course, then I remember the lawsuit filed by guys claiming discrimination because they couldn't be Hooters girls. I hbe no hope left for the civil court here.

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[kelpdiver 2]

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Ok, so the suit is pretty ridiculous on its face, but what really kills me is the line about how the judge "says the women may not have knowingly waived their right to sue.". Wow, lad signed contracts still aren't worth shit in Michigan.

contracts presented after you've been hired are quickly read, and aren't really open to negotiation. "Sign here or you're unhired." That form of coercion has invalidated a number of pre-nups in recent decades.

It's also fair to question if this matter of claimed discrimination is appropriate for arbitration. It's a rights issue, not a contract one. I'd say it's a pretty easy dismissal, but if the state wrote far reaching legislation, it has to have its day in court before its invalidated.

[futuredivot 0]

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contracts presented after you've been hired are quickly read, and aren't really open to negotiation

Who's at fault for that?

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