Too Ghetto For Tropic Zone

There's an article in the Post this week about a woman who sued the Tropic Zone after they declined to hire her as a waitress. She's suing because they told her that the reason she was not hired was because she was "too ghetto," had a latin accent and does not "speak white." She said this was her "dream job" and that she had the body and the experience for the job.

Here is why this is a terrible case for a plaintiff's lawyer:

• Failure to hire cases are notoriously difficult. There are so many reasons why a person could not be hired that it is too speculative to say that it was this reason. Plus, you don't have any ability to prove that the plaintiff was a good worker, not just someone seeking a quick dollar, which is the most important part of any employment discrimination case.
• The first affirmative defense will be that she has a big ass. The entire case will be about the flaws in her body, which the defense lawyers will analyze and put on posters. They will take their hottest girls and compare them, feature by feature, to the plaintiff, to show the legitimate reasons why she did not meet their physical requirements. This will be a very difficult and emotional case for the plaintiff.
• The position she was applying for is all about the tastes of the customers. The owners can simply say that she did not meet their tastes. No court is going to intrude into a business decision like that.
• Is being "too ghetto" a protected category? Maybe that is a valid business consideration for a business that relies mostly on tourists. On the other hand, telling her that she doesn't "speak white" is pretty clear cut on her side.
• How do you evaluate her damages? If she makes money on tips, how do you prove how customers would have tipped her? How long could she have been in this position?

Bottom line: it's a fun and easy headline for the plaintiff's lawyer, but a terrible case to try with little hope of a meaningful recovery.