Business

Ex-Waitress Sues Popular College Bar Over New, Skimpy Mini-Skirt Dress Code

Ex Waitress Courtney Scaramella Sues College Bar OHaras, Claiming She Was Humiliated by Skimpy Mini Skirt Dress Code

Image source: KCAL-TV

A former waitress is suing the owners of a popular college sports bar in Los Angeles, claiming she was fired after complaining about the skimpy new employee dress code.

According to KCBS-TV, Courtney Scaramella, 23, particularly objected to a school girl-style mini-skirt held together by just a strip of Velcro — and the fans she said managers at O‘Hara’s Pub placed on the floor to blow waitresses’ skirts up in the air.

bar lawsuit

Image source: KCAL-TV

“I was appalled, I was offended, I kind of hoped it was a joke,” Scaramella told KNBC-TV. “They had a couple of ideas and this was one of them that they thought would increase foot traffic or something like that.”

O‘Hara’s — described as the “quintessential college bar with terrible service” by one Yelp reviewer — is located just off UCLA’s campus. Scaramella had worked there since 2007, according to the Daily Bruin, which first reported on the lawsuit.

According to the Bruin, Scaramella also objected to one of the bar’s co-owners allegedly requiring bartenders to rate female customers on their attractiveness on a scale of 1 to 10 and award the winners with free shots of liquor.

Her suit claims she submitted a formal complaint to her manager about the dress code. Management dropped the skirt requirement — but Scaramella said her hours were also cut and she was eventually terminated altogether. According to KNBC, she’s suing for sexual harassment, wrongful termination and unpaid wages.

An attorney for O‘Hara’s owners strongly denied Scaramella’s allegations to KCBS.

“She was not fired, she quit,” attorney Roger H. Licht said. “They plan on fighting this all the way to the end to prove that the claims are baseless.”

Licht said the owners have no plans to offer Scaramella a settlement.

Comments (111)

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  • just_around
    Posted on June 27, 2012 at 2:48pm

    if they want to run the bar like that, that is their choice. they are a privately owned business and it isn’t in any way illegal. she can’t sue them. she however can quit and find a job. the rules of employment are: wear this. if you don’t want to, find another job.

     
    • battles
      Posted on June 27, 2012 at 3:05pm

      Never say “can’t” when it comes to being sued in California. You can use “can’t” on most all other topics successfully though, like when I said after living there for three years: I can’t stand living here anymore – and moved.

      Report Post » battles  
    • DesdemonasCrew
      Posted on June 27, 2012 at 3:10pm

      I disagree! That was not a requirement when she was hired. They can mandate dress codes after the hiring, but if that dress code is demeaning or morally objectionable, she should not be required to comply. Make it a condition of employement for new hires.
      Say you have a job that you love, and then management comes along and says you have to work with your dangley stuff exposed…that is unreasonable.
      Or you have a job that you love, and management says you have to wear a tie…totally reasonable.
      Don’t want to wear a tie? Quit.
      Don’t want your goodies hanging out? Sue.

      Report Post » DesdemonasCrew  
    • FatManChew
      Posted on June 27, 2012 at 3:28pm

      @DesdemonasCrew Although I don’t work for a bar (too fat and I’m a guy) but I was hired by my company when they didn‘t have a professional dress code but last year they implemented a dress code because some of the women at my work had their jigglies revealing but that doesn’t mean they’re exempted from the new rules. There are plenty of bars in the UCLA area and if she didn‘t agree with the method and promotions that the bar is running then it’s time to find a new job.

      Report Post » FatManChew  
    • mattmo79
      Posted on June 27, 2012 at 4:02pm

      I guess this means she won’t work for Hooters either!

      Report Post » mattmo79  
    • harley3
      Posted on June 27, 2012 at 4:09pm

      Just_around nailed it. Just about what I was thinking except that I would say that she should not be able to sue. Problem is…she will sue and probably win. Our court system is sooooo screwed up.

      Report Post »  
    • Texas Chris
      Posted on June 27, 2012 at 4:24pm

      Don’t like the skirt? Don’t work there any more. I mean really, it’s a WAITRESSING JOB at a COLLEGE BAR… Not a career in rocket science.

      If you don’t have the capacity to get a real, long-term job/career, then you better hit the gym and make sure your school-girl miniskirt is ready to go.

      Report Post »  
    • Suzanne D
      Posted on June 27, 2012 at 8:41pm

      Actually, you are incorrect. Women across the Country have been winning lawsuits just like this for quite some time. Do a simple web search and educate yourself. Perhaps you can start with Anna M. Grimes and the EEOC vs. The Sands Hotel. Grimes and her female co-workers were forced to wear miniskirts, heels and revealing tops, while male servers wore tuxes that were not revealing at all. She won her discrimination suit against the Sands.

      Report Post » Suzanne D  
    • Anti_Spock
      Posted on June 27, 2012 at 11:30pm

      Wrong. She was a long term employee over 4 years… the owner changed the dress code to SEXY…. she objected and was forced to quit. She has a case.

      Report Post » Anti_Spock  
    • SamIamTwo
      Posted on June 28, 2012 at 8:45am

      Texas Chris

      Psst, hey man there are not that many great jobs out there…and business are exploiting sex as the system implodes…no money, so they get more sexy to attract wierdos…

      Report Post » SamIamTwo  
  • flatbroke
    Posted on June 27, 2012 at 2:38pm

    What did she expect from a college bar, what the guys want will always be the way they do things b/c its about money. the more like prostitutes the female watresses look like, the more guys come in and spend money.just quit and go elsewhere for work.

    Report Post » flatbroke  
  • RAMJR
    Posted on June 27, 2012 at 2:31pm

    My grandmother use to complain about what was on television, yet she wouldn’t change the channel. If you don’t agree with what is worn, don’t apply. If you don’t agree with girls being exploited, don’t eat there. We are at the point that common sense, turning off the television or not applying for a companies that exploits girls or supports immorality is at fault, because you don’t use the common sense to not go there, not watch the show, not buy the products or shop at the store? Entitlement borders on ignorance and more graduating politicians, judges, attorneys/lawyers. God help us.

    Report Post »  
  • glockomatic
    Posted on June 27, 2012 at 2:28pm

    It’s a free country (sort of). If she doesn’t like the uniform or the atmosphere, she could always find a job waitressing at the local IHOP, but I‘d guess the tips aren’t as good.

    Report Post » glockomatic  
  • 50Caliber
    Posted on June 27, 2012 at 2:24pm

    Would she work at Hooters?

    Report Post » 50Caliber  
  • Prosecute_Constitutional_Treason_In_Washington
    Posted on June 27, 2012 at 2:21pm

    If a man lusts in his heart after a women, he has committed adultery with that women. (Jesus Christ) There‘s nothing wrong with admiring a beautiful women or girl but it’s sin to lust. There’s a big difference. The skirt would not only cause most guys to lust but the girl would be equally guilty of causing the sin. This is a very beautiful girl no one needs to lust after her. She wants to be appreciated for her wholesome beauty not for showing off her private areas. Her private areas are for her future husband not the public.
    Our society is swimming in sin. That’s why the Blaze is so busy covering stories. Most involve sin.

    Report Post » Prosecute_Constitutional_Treason_In_Washington  
    • NJBarFly
      Posted on June 27, 2012 at 3:19pm

      Then I guess I’m a happy sinner! If she wants to be appreciated for her wholesome beauty not for showing off her private areas, I can respect that. She should find a job at Applebees or something. And if you don’t like it, then simply don’t patronize the establishment.

      Report Post » NJBarFly  
    • HippieBiker
      Posted on June 27, 2012 at 11:17pm

      Don’t go to that bar then.

      Report Post »  
    • Hugh Akston II
      Posted on June 28, 2012 at 9:50am

      I agree. But its bar. If you choose to work in the lions den why complain when you get bit.

      Report Post » Hugh Akston II  
  • Xiccarph
    Posted on June 27, 2012 at 2:11pm

    I have little doubt this was a planned mission to get a big lawsuit.

    Report Post »  
    • 13th Imam
      Posted on June 27, 2012 at 5:37pm

      Yeah, she planned all this when she was hired , IN 2007.

      Report Post » 13th Imam  
  • hctulc
    Posted on June 27, 2012 at 2:10pm

    Let’s face it, only the woman gets to call the shots on when she will permit a ‘viewing of the goods’. Some days she may be in the mood to do it and some days she may not; but with the blowers operating she doesn’t have a choice.

    I believe the woman will prevail in this lawsuit.

    Report Post »  
    • lukerw
      Posted on June 27, 2012 at 2:23pm

      If you go to a Nudist Beach… expect to get Naked and see Naked people!

      Report Post » lukerw  
    • glockomatic
      Posted on June 27, 2012 at 2:34pm

      Sure. She gets to call the shots on whether see works at a place that makes her “show the goods.” She can quit if she doesn’t like that (and the tips that come with it).

      Report Post » glockomatic  
    • Texas Chris
      Posted on June 27, 2012 at 4:25pm

      Exactly. It’s a free country. As in, you’re FREE to look for another job.

      Report Post »  
  • rich43068
    Posted on June 27, 2012 at 2:06pm

    As WRONG as this establishment sounds, they can’t force you to work there or to eat there.
    I would do neither! Capitaism!

    Report Post »  
    • SoCaLCapitalist
      Posted on June 27, 2012 at 2:24pm

      you’ve got it. If I don‘t like the way they treat their employees I’d leave. If the employee doesn’t like their job they should leave. But a college bar she’s been at for 5 years. IF she was working hard at college she should have a BA. I get the feeling she is in debt from college and looking for a quick way to pay the bills.

      Report Post »  
  • ferggie
    Posted on June 27, 2012 at 2:05pm

    You know, it sucks to have to change jobs if she doesn’t like the dress code. Guess what, it is not her business and the owner can make the changes. Here is a suggestion to all those cry babies that get up set when some owner changes the rules. GO OPEN YOUR OWN BUSINESS AND STFU!!!

    Report Post »  
    • Texas Chris
      Posted on June 27, 2012 at 4:27pm

      This girl will have her @ss on display at the local beach this summer in a bikini that barely covers a gnat’s eyelash, but a mini skirt in a abr? Heavens to Betsy, no!!!

      Report Post »  
  • mizzouwendy
    Posted on June 27, 2012 at 1:56pm

    As a woman that has been sexually assalted the comments on this website make me cringe…….the skirt might be one thing, but rating the waitresses for their “hotness factor” and having their skirts blow up to show their butt cheeks, is just wrong, unless they have guys that I could rate and look at their butt cheeks as well.

    Report Post »  
    • kadster01
      Posted on June 27, 2012 at 2:13pm

      It is sad that you were assaulted and you have my sympathy (I am a man, btw), but with all due respect, what does a cocktail waitress in a college bar expect, really? Why not just leave and get a different job? She sounds intelligent enough. There are plenty of bimbos out there who do not mind being objectified. You can’t fix stupid. I ain‘t sayin’, just sayin’.

      Report Post »  
    • Cavallo
      Posted on June 27, 2012 at 2:17pm

      “co-owners allegedly requiring bartenders to rate female customers on their attractiveness on a scale of 1 to 10 and award the winners with free shots of liquor.”

      The customers were rated, not the employees.

      Still it is the right of the business owner to determine the theme and style of the business. It is her right to get a job elsewhere if she doesn’t like the work or finds the new tasks or theme degrading to her.

      Report Post » Cavallo  
    • smalls
      Posted on June 27, 2012 at 2:46pm

      You misread the story. The employee’s are not rated. The female patrons are. Depending on there “hottness” level they could win a free drink. There should be no offense in this. It may be stupid, but it draws in attractive women for the men to vote on, and gets them drunk for free. No different than any other stupid bar game to win free stuff.

      Report Post »  
    • kadster01
      Posted on June 27, 2012 at 2:51pm

      I, for one, do not miss the bar scene one bit. Left it decades ago and it sounds like it really hasn’t changed much. That said, if you choose to work in such a place (or be a customer for that matter), you should know what to expect.

      Report Post »  
  • Tri-ox
    Posted on June 27, 2012 at 1:45pm

    If she’s worried about having to wear a skimpy uniform, then perhaps she should get a job down the street at the ‘Sharia Law Bar and Grill’.

    Report Post » Tri-ox  
    • Elena2010
      Posted on June 27, 2012 at 2:06pm

      Being a waitress is not the same as being a pole dancer.

      Women have a right not to be viewed as sexual fantasy or as property. So, boys, get your libido back under control unless you want folks to think of you as total priks.

      Report Post » Elena2010  
    • lukerw
      Posted on June 27, 2012 at 2:30pm

      @ELEN…
      In some places… it is the same! People are offered Jobs where they must perform an Activity, and Perfomance is the requisite for Wages… forming a Contract…

      Report Post » lukerw  
    • Cavallo
      Posted on June 27, 2012 at 2:33pm

      @Elena2010, Are there just 2 types of restaurants and bars in your view? Applebee’s or Crazy Bob’s Strip Club? Doesn’t the owner have the right to choose if he wants something in between a Shoney’s Big Boy, and a fully nude pole dancing place? Women have no right to be thought of in one way or another. There exists no right to demand the thoughts of those around them conform their preferences.

      Report Post » Cavallo  
  • cemerius
    Posted on June 27, 2012 at 1:40pm

    Wow!! It’s not very heartwarming to read these comments here! This to me is pure case of employer intimidation and I can relate to her plight. For those of you making the misogynistic comments here shame on you!!! Imagine if this was your college student daughter enjoying the job she has had for 5 years and this happens. I would be VERY pissed about the treatment my daughter received!! It‘s a bar for God’s sake NOT a strip club!!! These comments are just fueling the liberal lefties and have me thinking that the Blaze has reached a turning point of irrelevance!

    Report Post » cemerius  
    • mizzouwendy
      Posted on June 27, 2012 at 1:52pm

      I agree…….this isn’t a strip club

      Report Post »  
    • VoteRightDammit
      Posted on June 27, 2012 at 1:54pm

      If this was my daughter I’d say:

      Honey – just get a job in another bar. Don’t waste your time and energy fighting; not worth it. It’s their business and if they think this will increase profits, so be it. But I support you, Honey – if that makes you uncomfortable, don’t work there. There are plenty of bars.”

      See, Gloria Steinem lover – your notion of tyranny against businesses isn’t the only solution.

      Report Post » VoteRightDammit  
    • smalls
      Posted on June 27, 2012 at 1:57pm

      Employer intimidation? Please. If she has worked there for 5 years I doubt that she is a student. She is a waitress in a college bar. Key words “college bar”. It is a nightclub right next to campus. No different than hooters or any other similar place. She is there for good tips. The less you wear, more you flaunt it, the more you tease, the bigger the tips. The college bars around here the girls are required to wear bikini tops. If she does not like the dress code, go somewhere else. Now if she worked at a doctors office for 5 years and was required to abruptly change from turtle necks to this, then yes blame the employer.

      Report Post »  
    • Cavallo
      Posted on June 27, 2012 at 1:59pm

      @Cemerius, So in your opinion a business establishment is not allowed to change the theme of their business? What if a hooters had bought the establishment? The best way to have handled things, however, rather than keeping all the current staff is to notify the staff that the theme of the establishment was changing, and as a result all employees would have to reapply for their positions and agree with the new theme. She is on shaky ground, especially if the establishment gave any kind of notice about a theme change. Remember it is not /HER/ job, it is the businesses job that they allow her to fill.

      Report Post » Cavallo  
    • SoCaLCapitalist
      Posted on June 27, 2012 at 2:04pm

      If she doesn’t like the uniform she can find another place to work. It is completely lame for someone to push their agenda on someone else. California is an “at will” state. You have a right to quit and they have a right to let her find another place to work.

      If she was laid off she is entitled to unemployment. If she chose to quit over the uniform that is her choice. I’m tired of lazy waitresses. I think I’ll go to the Tilted Kilt for lunch today.

      If it was my daughter. I’d say you have a right to quit or wear the uniform. Make your decision and stand by it. Sueing is for lazy people looking for a quick buck.

      Report Post »  
    • MrKnowItAll
      Posted on June 27, 2012 at 2:59pm

      I’m with you.

      Report Post » MrKnowItAll  
  • Popp40
    Posted on June 27, 2012 at 1:32pm

    Okay so she is upset that she has to wear the skirt to work in…..but I garuantee that she wears less than that when she goes out! This girl sees an opportunity to make an easy dollar and there is no shortage of lawyers willing to take her case. Sorry sweetheart but you weren’t forced to work there…grow up and be an adult…oh wait that means you would have to take responsibility.

    Report Post »  
    • AllLost
      Posted on June 27, 2012 at 1:42pm

      From what you saw how can you say that about this woman?

      Not everyone plays the slut no matter what your TV tries to tell you.

      Report Post »  
    • lukerw
      Posted on June 27, 2012 at 2:56pm

      Waitresses really work for Tips… and if Burkas were pleasing, so would be the Tips!

      Report Post » lukerw  
  • VoteRightDammit
    Posted on June 27, 2012 at 1:32pm

    …………. and no Gloria Allred ????????????????

    Report Post » VoteRightDammit  
  • bloomytoad
    Posted on June 27, 2012 at 1:30pm

    I know many men who wear kilts that are held together with Velcro, myself included, they’re made by Sport Kilt and are awesome one of the best kilts for the price.

    Report Post »  
    • Gonzo
      Posted on June 27, 2012 at 1:40pm

      Where do you guys wit tables at? So I can steer clear of it.

      Report Post » Gonzo  
    • Mr.Fitnah
      Posted on June 27, 2012 at 1:46pm

      Thanks.
      We have a joint round here called the tilted kilt the girls no what is coming when they apply.
      It is a butterfaced bunch.

      Report Post » Mr.Fitnah  
    • ShiprockBilagaana
      Posted on June 27, 2012 at 2:36pm

      Yes, Bloomy, that is true. Then again, “It’s a KILT, if it were a Skirt, I’d wear something under it.” The ladies always wonder what’s under the kilt, but any guy who tries to find out will have my sgian dubh to deal with.

      Kilt wearers – do you want this T-shirt? Go here: http://www.zazzle.com/is+not+a+skirt+its+a+kilt+tshirts

      Report Post »  
    • bloomytoad
      Posted on June 27, 2012 at 10:37pm

      The last guy who called it a skirt was kilt.

      Report Post »  
  • jpschaeffer
    Posted on June 27, 2012 at 1:28pm

    Calling Gloria Allred… Calling Gloria Allred… Always Gloria Allred!

    Report Post » jpschaeffer  
  • Gonzo
    Posted on June 27, 2012 at 1:26pm

    So get a job at another bar, it’s not like you were CEO of a Fortune 500 company. I had sympathy for you until you lawyered up.

    Report Post » Gonzo  
  • Maxim Crux
    Posted on June 27, 2012 at 1:25pm

    Don’t like it…go work somewhere else.

    Report Post »  
  • JACKTHETOAD
    Posted on June 27, 2012 at 1:25pm

    I know guys that’ve kilt over that…

    Report Post » JACKTHETOAD  
  • Detroit paperboy
    Posted on June 27, 2012 at 1:24pm

    I’m sure I could find a position for her on my Staff…….; ))

    Report Post »  
  • contkmi
    Posted on June 27, 2012 at 1:24pm

    She’s more than welcome to go work elsewhere. It’s amazing how the market works.

    Report Post » contkmi  
  • huey6367
    Posted on June 27, 2012 at 1:23pm

    I do believe I would be OK with the outfits. I would never work there but I would visit.

    Report Post »  
  • lukerw
    Posted on June 27, 2012 at 1:22pm

    If… you’ve got it.. then flaunt it… otherwise, get a Real Job!

    Report Post » lukerw  
  • sWampy
    Posted on June 27, 2012 at 1:21pm

    Cool Skirt.

    Report Post »  
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