Is the Hooter Girl image, and more specifically, the weight of a Hooter Girl, a BFOQ and thus a legally justifiable reason for Hooters’ hiring, firing, and promotion decisions? 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?
If you were the judge in this case, what would you do?