Yeah, I'm sure Hooters has been down this road a few times before and know exactly what they're allowed to do.
On a related note, I also have a job that requires me to maintain my weight within standards and pass a fitness test twice a year, a test that requires me to run 1.5 miles within a certain time and do a certain amount of situps and pushups. And these days my Navy is cracking down on fitness failures, showing them the door.
my wife requires me to not get over 25 pounds overweight or she will shop more
Hooters has indeed been sued before for its antics, but I'm not so sure that it has learned its lesson. Off-handedly, this strikes me as gender-based discrimination. Hooters would not require a waiter, with similar proportions, to lose weight or be fired. I think Hooters has some real problems here.