MGM National Harbor Waitress Claims Termination due to Refusal to Don High Heels
A previous worker at MGM National Harbor, a gambling establishment positioned outside Washington D.C., alleges she was discharged last year due to her refusal to wear high heels at work. The resort is situated in Oxon Hill, Maryland.
Rebecca Lopez, a 37-year-old mother of four living in Bowie, had been employed at the MGM-run casino for several years. She stated that accommodations were made for her to wear flat shoes due to her plantar fasciitis, an ongoing inflammation under the heel. However, when a new manager took charge of the casino staff, these accommodations were revoked.
Lopez recounted to WUSA9, the local CBS affiliate, that her manager called a meeting with workers having disabilities and ADA accommodations, informing them they were no longer allowed to wear the specified shoes as they were not 'sexy.' She also claimed that the manager laughed at them and posted a notification threatening termination for those not wearing heels.
With Lopez standing firm against wearing heels, she alleged that MGM National Harbor ultimately terminated her employment. She presented WUSA9 with a supposed letter from MGM National Harbor stating that her employment was terminated due to her repeated violations of departmental attire standards, requiring female cocktail servers to wear high heels on the casino floor.
Online Petition Gains Momentum
Lopez has initiated an online petition on Change.org aiming to persuade Maryland lawmakers to update state laws to prohibit employers from mandating high heels as part of a work uniform. The petition titled "Stop employers from forcing women in the workplace to wear heels, causing permanent damage," has garnered approximately 1,300 signatures.
Podiatrists argue that high heels instantly transfer your entire body weight to the ball of your foot instead of the heel of your foot. This results in increased stress on your knees, and your lower back and chest are pushed forward, causing your spine to lose alignment. Moreover, foot pain can arise at any time, according to Lopez's Change.org petition.
Lopez suspects that the wearing of heels on the job might have led to her developing scoliosis, a sideways curvature of the spine. However, Johns Hopkins Medicine states that the cause of scoliosis is generally unknown.
Speaking about her job as a cocktail server, Lopez commented, "Youโre holding a heavy tray of drinks and walking to and from, and youโre on your feet for 7.5 hours a day." She added, "Women's health matters, and this is a women's health issue."
Legal Standing
Lopez has not yet filed a wrongful termination lawsuit against MGM National Harbor. The case might prove challenging, as workplace lawyers suggest that employers have the right to set uniform requirements.
An August 2016 article in The National Law Review stated, "Employers generally have the authority to govern employees' appearance in the workplace." However, the publication noted that the legality of uniforms may become unclear when policies are not applied consistently between the sexes.
The article concluded, "Employers have a better chance of evading appearance-based claims if they establish clear appearance policies that are implemented fairly across all genders." At the moment, it seems that Lopez does not plan to sue her former employer. MGM declined to comment on Lopez's high heels petition.
