core of its business. On its web site, it states, “The ‘nearly world famous’ Hooters Girls are the
cornerstone of the Hooters concept, and as part of their job, these all-American cheerleaders make
promotional and charitable appearances in their respective communities. Hooters hires women who best
fit the image of a Hooters Girl to work in this capacity.”
On the other hand, as we learned in Chapter 11, the Equal Employment Opportunity Commission
Finally, Convery 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. If that’s so, could she possibly have a legal case on the basis of the Americans with
Disability Act?
According to the Americans with Disabilities Act (http://www.ada.gov), a disability is a mental or
“Temporary, non–chronic impairments of short duration, with little or no long term or permanent
impact, are usually not disabilities. Such impairments may include, but are not limited to, broken
limbs, sprained joints [and] concussions…. Similarly, except in rare circumstances, obesity is not
considered a disabling impairment.14
The other key consideration is whether being overweight stems from a physiological issue. In the
EEOC’s ADA compliance manual, it says:
Being overweight, in and of itself, generally is not an impairment. On the other hand, severe obesity,
which has been defined as body weight more than 100% over the norm, is clearly an impairment. In
addition, a person with obesity may have an underlying or resultant physiological disorder, such as
hypertension or a thyroid disorder. A physiological disorder is an impairment.
Clearly, with our two Hooters’ waitresses, morbid obesity isn’t the issue. However, if the ability to
lose weight is due to a physiological impairment, then the ADA could be a legal factor. More
specifically, Leeanne Convery gained weight after giving birth to her son, and then had trouble losing that