Hooters to Waitress: Get Fit or Get Fired Server goes on 'weight probation,' considers suit By Nick McMaster, Newser Staff Posted May 19, 2010 5:33 PM CDT 50 comments Comments The Top 5 Finalists for Hooters 13th Annual International Swimsuit Pageant (PRNewsFoto/Hooters of America, Inc.) (Newser) – A Hooters server is considering a weight discrimination suit against the company after bosses told her she needed to slim down. Cassie Smith, who is 5-8 and 132 pounds, says she was told, "Your shorts and shirt size could use some improvement." The company gave her a free gym membership and a 30-day ultimatum: Get thinner or work somewhere else. "I was horrified," Smith tells Fox Detroit, and because Michigan has a weight discrimination law, she's now got a lawyer. A Hooters official denies the company has a weight requirement, but adds: "Our practice of upholding an image standard based on appearance, attitude and fitness for Hooters girls is both legal and fair. It is not unlike the standard used by the Dallas Cowboy Cheerleaders or the Radio City Music Hall Rockettes."