When High Heels and Discrimination Laws Collide
Author: Brian MahanyWe begin at the prominent Detroit law firm of Honigman Miller. A place where men are in charge, women are secretaries and someone walking in the door would think they had entered a time warp. This is the story of Denise Fitzhenry and her discrimination claims against her former employer.
The American Bar Association broke the story in October. According to Fitzhenry's lawyer, Fitzhenry injured her back while wearing "required" high heals. The resulting back injury was so severe as to require multiple surgeries. In the end, the firm stopped accomodating her work limitations caused by her injuries and fired her.
The lawsuit was filed October 14th in a Detroit federal court. It's too early to know what her employer says. If the complaint is accurate, however, Honigman Miller is not a great place to work. Especially if you are female.
Fitzhenry has charged her former employer with a wide range of violations including the Family Medical Leave Act, Americans with Disabilities Act, and with gender (sex) discrimination.
There is more than the heels, Fitzhenry says she was excluded from male only events at the firm. In an interview with the American Lawyer, her lawyer says that Honigman Miller is a "very old-school firm" where until a few years ago lawyers "were still using teacups and saucers in a very intentional kind of way." She compared the firm to the AMC TV show Mad Men.
Having a dress code is not illegal. Requiring all females to wear heels may be problematic. Assuming the allegations are true and the law firm survives the gender bias accusations, the firm still has problems. if you require someone to wear heels and they suffer back problems at work because of it, you can't simply fire them. This is where the disability claims come to play.
What makes this case even more interesting is the type law practiced at the firm. I checked their website; the venerable lawyers at Honigman Miller are well versed in labor and discrimination law. Their website says: "We have extensive experience in defending employers against discrimination claims (age, sex, race, national origin, religion, ADA), wrongful discharge suits, breach of contract claims, OSHA/MIOSHA claims, and FMLA suits." It appears those skills will soon be put to the ultimate test.
There is an old saying that it "can be painful to be beautiful." In this case, it remains to be seen who will be suffering the most pain.
Article Source: http://www.articlesbase.com/business-articles/when-high-heels-and-discrimination-laws-collide-3621746.html
About the AuthorAttorney Brian Mahany is a partner in the Milwaukee, Wisconsin law firm of Mahany & Ertl, LLC. From the firm's headquarters in Milwaukee, Wisconsin, he represents victims of sexual harassment and employment discrimination across the United States. Brian can be reached through his website, http://www.mahanyertl.com or by calling him directly at (414) 704-6731.