Court won’t nix NY waitresses’ weight-harass suit
Tuesday, May 22, 2012
Updated: Tuesday, May 22, 2012 8:47pm
NEW YORK (AP) — A lawsuit accusing bosses at a New York City restaurant of haranguing waitresses about their weight — and even insisting they get on scales — can finally go to trial after almost six years of legal wrangling.
An appeals court refused Tuesday to throw out Kristen McRedmond’s and Alexandria Lipton’s $15 million suit against the Sutton Place Restaurant and Bar.
Both sides’ lawyers say they’re now looking ahead to a trial. Each expects to prevail.
“They (the defendants) acted like pigs. They treated these women like chattel, and they’re going to face the jury now,” said Rosemarie Arnold, a lawyer for the women. “These women were hard workers” who were putting themselves through school. “They couldn’t just quit their jobs.”
The women say they were fired for complaining when all waitresses were subjected to a weigh-in. The two also say male staffers put waitresses’ weights on a website for comparison among servers.
The eatery denies a staffer tried to force McRedmond onto a scale. It says the women were fired for unrelated and legitimate reasons.
“We’re confident that the defendants will be vindicated at trial, and we look forward to the defendants being able to defend themselves from baseless accusations,” said Joshua Mallin, a lawyer for the restaurant.
“Anybody can make an allegation,” Mallin added.