MGM National Harbor Prevails in Majority of Cocktail Server’s High-Heels Case


Published on: May 31, 2026, 07:30h. 

Updated on: May 31, 2026, 07:30h.

  • Most claims in MGM footwear discrimination case dismissed by Federal judge
  • Court rules no guaranteed right to wear sneakers under accommodation
  • Promotion-related disability discrimination claim still viable, may proceed to trial

A former cocktail server from MGM National Harbor, who initiated a movement against compulsory high heels in her workplace, faced a setback when a federal judge dismissed the majority of her claims against the casino.

MGM National Harbor, Rebecca Lopez-Duprey, disability discrimination lawsuit, workplace high heels, ADA accommodation
The majority of the lawsuit related to footwear policies at MGM National Harbor has been dismissed, leaving only one claim to pursue. (Image: Shutterstock)

Rebecca Lopez-Duprey, a mother of four hailing from Bowie, Md., filed a lawsuit against MGM in 2023, alleging she was terminated for opting not to wear “sexy high heels.”

She claimed that years of walking significant distances in heels while carrying heavy trays resulted in severe health issues, such as equinus deformities, Achilles tendinitis, swollen feet, bleeding, back pain, and scoliosis.

At the same time, she initiated a campaign on Change.org, urging Maryland legislators to modify state regulations to prohibit employers from mandating high heels, which can lead to chronic health problems.

Comfortable Footwear

Lopez-Duprey’s complaint states that she initially requested permission to wear flat shoes in 2017, which was denied. However, a request made in 2019 resulted in an accommodation allowing her to don supportive, Skechers-style black shoes. She reported wearing these shoes without issue for over two years.

However, after a shift in management, a new beverage director informed staff members benefiting from accommodations that supportive shoes were deemed “not sexy” enough for the casino environment.

Despite this, she continued to wear the Skechers rather than switch to the flat dress shoes that MGM said were compliant with her accommodation as well as casino appearance guidelines. This eventually led to disciplinary measures and her dismissal in 2022.

MGM contended that her accommodation allowed for the wearing of flat, supportive shoes but did not permit her preferred sneaker-style footwear indefinitely.

On the Trial Path

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

The court found that MGM had sufficiently accommodated Lopez-Duprey by allowing her to wear flat shoes instead of high heels and was not legally obligated to approve the specific Skechers-type footwear she favored.

The judge also determined that there was inadequate evidence to suggest that the rationale provided by MGM for her disciplinary action and termination—repeated breaches of the casino’s appearance regulations—was a disguise for discrimination or retaliation.

Surviving Claim Moves Toward Trial

Nonetheless, one aspect of the case remains viable. Lopez-Duprey testified that a manager discouraged her from applying for a position in the casino’s profitable “High Limits” VIP section due to the high heel requirement.

Even though she never formally sought the position, the judge concluded that a jury could determine that the manager’s comment dissuaded her from pursuing the promotion connected to her disability accommodation.

Consequently, the lawsuit will proceed on a narrower basis regarding disability discrimination, focusing on whether MGM wrongly hindered Lopez-Duprey from seeking a higher-paying opportunity.



Source link