Mirage waitresses win legal victory in discrimination case

Grace Leong

Thursday, April 19, 2001 | 11:22 a.m.

Two Mirage hotel-casino cocktail waitresses have won a significant legal victory in their lawsuit claiming casino founder Steve Wynn criticized them for having "fat asses."

U.S. District Judge Lloyd George this week denied Mirage's motion that he dismiss the women's claim that Wynn, at the time chairman and chief executive of Mirage Resorts Inc., created a hostile work environment when he singled them out by calling them to a meeting in 1995 and allegedly threatened to transfer them to other jobs if they didn't lose weight.

Richard Segerblom, an attorney for Charlotte Arrowsmith and Mary Cunningham, said the ruling means the parties will have the right to conduct settlement talks.

"If that doesn't resolve the case, then we're set for trial," he said. "We're seeking compensatory damages for emotional distress and punitive damages to deter such conduct and attorneys' fees."

The Mirage is now owned by MGM MIRAGE. Wynn left the company last year when it was acquired by MGM Grand Inc.

George did grant Mirage's motion to dismiss the plaintiffs' claims of gender and age discrimination based on Mirage's policy requiring them to lose weight and its policy requiring waitresses to wear high heels ranging from 1 1 / 2 to 3 inches high.

The women had earlier complained to the federal Equal Employment Opportunity Commission about Mirage's employment policies. The agency found there was evidence of a hostile work environment.

But George said he dismissed some of the claims because of the EEOC's findings or lack of findings.

"The U.S. Equal Employment Opportunity Commission's (EEOC) determination makes no specific finding regarding the weight policy's adverse employment impact upon plaintiffs, and there is no indication from the report or plaintiffs' underlying charges that they suffered adverse employment impact from the policy," George said.

"Nor do the plaintiffs submit any independent evidence of adverse employment impact. Indeed the uncontroverted affidavits submitted by the Mirage indicate that plaintiffs were specifically told ... they would not be disciplined for their weight and would not even be weighed," he said.

But in denying the hotel-casino's request that the hostile work environment claims be dismissed, George said the EEOC determination "establishes a prima facie case and precludes summary judgment."

"Subsequent to the meeting, the class members were subjected to disparaging comments from co-workers and patrons. Evidence shows that management was aware of the comments but failed to take immediate corrective action," George wrote.

Eleven cocktail waitresses, some with more than 10 years at the Mirage or Wynn's Golden Nugget, initially sued Mirage Resorts. They said they had been publicly humiliated by fellow employees who suggested they exchange their uniforms for mumus (big loose-fitting dresses) and called them "blue whales," in reference to the Mirage's white tigers and gray dolphins.

Most of the plaintiffs, but not Arrowsmith and Cunningham, have settled with Mirage and the Golden Nugget, Segerblom said.

The women's claims of discrimination originated in a meeting between them and Wynn. The women, the majority of whom were over the age of 40, said Wynn allegedly told them they were too fat to serve drinks, they had "fat asses" and he was hiring a personal trainer to help them slim down, testimony showed.

Segerblom said George's ruling was significant for the waitresses, who are both employed by the new MGM MIRAGE.

"This is the first order that deals with legal claims and the right to trial. Mirage tried to have the entire case dismissed to avoid trial, but we won the right to go to trial on the hostile work environment claim," Segerblom said.

Mirage attorneys could not be reached for comment on the ruling.