MGM National Harbor Wins Most of Cocktail Server’s High-Heels Lawsuit

• Federal judge dismisses most claims in MGM footwear discrimination lawsuit
• Court rules accommodation did not guarantee right to wear sneakers
• Promotion-related disability discrimination claim survives and may reach trial

A former MGM National Harbor cocktail server who launched a campaign against mandatory high heels in the workplace has suffered a setback after a federal judge dismissed most of her claims against the casino.

Rebecca Lopez-Duprey, a mother of four from Bowie, Md., sued MGM in 2023 claiming she had been fired by the resort for refusing to wear “sexy high heels.”

She alleged that years of walking miles each day in heels while carrying heavy trays had left her with serious medical problems, including equinus deformities, Achilles tendinitis, swelling, bleeding feet, back pain, and scoliosis.

Simultaneously, she launched a campaign via Change.org to urge Maryland lawmakers to “rewrite state laws to stop employers from forcing women in the workplace to wear heels, causing permanent damage.”

Sensible Shoes

According to the complaint, Lopez-Duprey first asked to wear flat shoes in 2017 and was turned down. She alleged that MGM finally approved an accommodation in 2019 that allowed her to wear supportive, Skechers-style black shoes. She said she wore those shoes for more than two years without issue.

She continued wearing the Skechers sneakers rather than switching to the flat dress shoes, which MGM said complied with both her accommodation and the casino’s appearance standards. This led to disciplinary action and ultimately her termination in 2022.

MGM later argued that Lopez-Duprey’s accommodation allowed her to wear flat, supportive shoes instead of heels, but did not entitle her to wear sneaker-style footwear indefinitely.

Hot on the Heels

In a memorandum opinion issued May 26, U.S. District Judge Deborah K. Chasanow dismissed Lopez-Duprey’s failure-to-accommodate and retaliation claims and most of her disability discrimination allegations.

The court concluded that MGM had provided Lopez-Duprey with a reasonable accommodation by allowing her to wear flat shoes instead of heels and was not legally required to permit the specific Skechers-style footwear she preferred.

The judge also found insufficient evidence that MGM’s stated reason for disciplining and terminating her — repeated violations of the casino’s appearance standards — was a pretext for disability discrimination or retaliation.

Remaining Claim Heads Toward Trial

One portion of the case, however, survived. Lopez-Duprey testified that a manager told her not to apply for a position in the casino’s lucrative “High Limits” VIP area because she would be required to wear high heels there.

Although she never formally applied for the role, the judge ruled that a jury could find the alleged statement discouraged her from seeking the promotion because of her disability accommodation.

As a result, the lawsuit will continue on a narrower disability-discrimination claim centered on whether MGM improperly prevented Lopez-Duprey from pursuing the better-paid position.