Ex-Hooters waitress 'forced out of her job after her hair was shaved off so she could undergo brain surgery'



Lawsuit: Sandra Lupo just wanted to go back to the Hooters job that was putting her through nursing school

A former Hooters waitress has filed a discrimination lawsuit claiming she was forced out of her job because her hair was shaved short and a scar was visible after she undergoing life-saving brain surgery.



Sandro Lupo, from St Louis, claimed that she was initially told she could return to work with buzz-cut hair and a healing scar.



But her bosses later changed course and told her she couldn't work at the St Peters restaurant without a wig.



Lupo tried to wear a wig but stopped because she said it impaired her healing. The suit claims the company then cut her hours until she was forced to quit.



Lupo is seeking unspecified financial damages in the discrimination lawsuit, which was initially filed in St Charles County Circuit Court but was moved last week to federal court at Hooter's request.

She had worked for Hooters since 2005.

In court filings on Friday, the company denied Lupo's accusations.



Hooters' defense said the suit should be dismissed and that she should be required to arbitrate her claim.



The Americans with Disabilities Act bans discrimination on the basis of a disability, which can be defined to be an actual physical or mental impairment, a history of having an impairment or even the perception of one because of someone's appearance.



Justine Lisser, a lawyer with the U.S. Equal Employment Opportunity Commission, in Washington, cannot comment on a specific case but said someone with a scar from brain surgery could be covered by all three of those.

Lisser said a discrimination defendant cannot claim 'customer preference' if the plaintiff is able to perform the 'essential functions' of the job.



Lupo was working her way through nursing school last summer when she underwent brain surgery to remove a large, noncancerous mass. A section of her skull had to be removed to do this.

Her manager visited her in hospital and said she could return to work as soon as she was able to.

Hooters: Lupo tried to wear a wig but stopped because she said it impaired her healing. The suit claims the company then cut her hours until she was forced to quit

He also said that she could wear a 'chemo cap' or jewelry to distract attention from the scar and short hair, which had been cut to one-quarter of an inch for the operation.

But the regional manager disagreed and told her she had to wear a wig, according to STL Today.

Her lawyer, Larry Bagsby, said her treatment by Hooters left her 'humiliated' and unemployed, but that the surgery caused no long-term effect.