You can get the boot for being too cute.
A Manhattan judge tossed out a yoga instructor's lawsuit claiming that
she was discriminated against when she was fired because her boss said
she was "too cute" and might make his wife, a former Playboy Playmate,
jealous.
Supreme Court Justice Shlomo Hagler ruled that Dilek Edwards's suit did
not contain a single allegation that she was terminated "because of her
status as a woman."
"To state a claim for employment discrimination a plaintiff must allege
that she is a member of a protected class," Hagler pointed out, which
cuteness is not.
The "defendants' behavior, no matter how abhorrent, fails to constitute gender discrimination."
Edwards was hired by Charles Nicolai, the owner of Wall St.
Chiropractic and Wellness in April 2012 to work as a yoga instructor and
massage therapist.
Nicolai's wife, Stephanie Adams, is the co-owner, and though Miss
November 1992 is a knockout herself, she may have been bitten by the
green-eyed monster.
Edwards claimed that she received a text message from Adams in October
2013 ordering her to stay away from the office and "stay away the f---
away from my husband and family!!!!!! And remember I warned you."
Nicolai's lawyer Douglas Wigdor filed papers to dismiss the suit, arguing that someone can't be dismissed for "attractiveness."
The judge agreed, but he also declined to dismiss Edwards' claim that
she was defamed by Adams' allegations to the NYPD that Edwards had
threatened her.
"We are obviously pleased with the decision," Wigdor said Thursday,
adding that he is confident that the defamation claim will also be
dismissed when discovery in the case is completed.
Edwards could not immediately be reached for comment. She has
maintained that her relationship with Nicolai was strictly "cordial and
professional."
Adams — who says she’s a descendant of presidents John Adams and John Quincy Adams — has had success in court before.
She was awarded $1.2 million by a Manhattan jury in 2012 after she sued the NYPD for excessive force.
The 2006 run in with cops started when a cabby falsely told police
Adams had threatened to shoot him. Cops threw her to the ground and
roughly searched - even though she was wearing a skintight outfit. She
said she suffered neck and spine injuries as a result.
The cabbie, meanwhile, lost his license after he told TLC investigators
he thought Adams was a “werewolf” and that she’d threatened him with
her “vampire teeth.”
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