MGM Partially Defeats Server’s Footwear Accommodation Lawsuit

A Maryland judge dismissed a cocktail server’s disability discrimination and retaliation allegations against MGM National Harbor LLC, but allowed a failure-to-promote claim to proceed.

Judge Deborah K. Chasanow of the US District Court for the District of Maryland partially granted MGM’s motion for summary judgment in Rebecca Lopez-Duprey’s suit, ruling she caused the breakdown of the accommodation process while the hotel and casino operator was considering her request to wear black mesh-top Skechers because the high heels required for servers contributed to her Achilles tendinitis.

MGM was justified in limiting the accommodation to “flat dress shoes” because Lopez-Duprey didn’t ...