Ky. woman suing restaurant after she said she was fired for her age, weight

Ky. woman suing restaurant after she said she was fired for her age, weight
Published: Sep. 7, 2022 at 10:06 PM EDT
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LEXINGTON, Ky. (WKYT) - A Frankfort woman is suing a popular new Lexington restaurant after she said she was fired for her age and weight.

Scarlett Tracey alleges the owners of Frank and Dino’s made references to her weight and said she was not attractive enough to work there.

In the lawsuit, 47-year-old Tracey alleges she heard of multiple instances where the owners referenced her looks. A former manager said in a sworn affidavit, statements were made including “she’s too old to be a bartender,” “she isn’t pretty enough,” and allegedly called her trailer trash.

The restaurant said Tracey was fired because of her work performance.

“It was extremely hurtful to her as it would be to anyone who is just trying to make a living, and pay their bills, and enjoy work as much as possible,” Tracey’s attorney Brad Zoppoth said.

The suit says Tracey went to meet with the owners for an interview, and noticed how busy the bartender was during a soft opening last August. Tracey said she went and got bartending attire, and came back to help the bartender. That night, a manager hired her.

“I think what’s so upsetting is all she wanted to do was to do her job, be a bartender, and practice the skills she’s had for the last couple of decades,” Zoppoth said.

Owners of the restaurant deny they made any references to Tracey’s looks, or age. They told WKYT in a phone call Tracey was fired because she was either late for work, or didn’t show up, and they alleged drug use.

“Those are things that have zero documented evidence or proof. There’s no basis in fact. She was never issued write ups or corrective actions or performance improvement plans. She wasn’t subject to any drug screens,” Zoppoth said.

Frank and Dino’s owners said they have employees from all backgrounds and body types, and are very inclusive.

“The things that happened to her at this restaurant were not only wrong, but they were unlawful. And to terminate somebody because of their appearance, that is illegal under Kentucky’s employment law,” Zoppoth said.

On Wednesday, the owner of Frank and Dino’s said he never had any interaction with Tracey and they have offered her a 12-week severance check, though he said she only worked there six or seven days.

The lawsuit was just filed last week. Further court dates have not been set yet.