A federal judge has dismissed most of a cocktail server’s lawsuit against MGM National Harbor over mandatory high heels. The only claim that still moves forward to trial. U.S. District Judge Deborah K. Chasanow ruled on May 26, 2026 is that MGM provided reasonable accommodation by allowing flat shoes instead of heels.
The case, Lopez-Duprey v. MGM National Harbor, LLC, started when Rebecca Lopez-Duprey, a cocktail server since 2016, requested accommodation for foot conditions including plantar fasciitis, Achilles tendonitis, and equinus deformity.
The casino argued the accommodation allowed flat, supportive shoes but didn’t guarantee the right to wear sneaker-style footwear indefinitely.
Judge’s key rulings
Judge Chasanow dismissed Lopez-Duprey’s failure-to-accommodate and retaliation claims, along with most disability discrimination allegations. The court found:
- MGM provided reasonable accommodation by allowing flat shoes instead of heels
- The casino wasn’t legally required to permit the specific Skechers-style footwear she preferred
- Insufficient evidence that MGM’s stated reason for termination was pretext for disability discrimination
This case started with a pair of Skechers and highlights the complexity of ADA accommodations versus dress code policies.
One claim survives: the promotion discrimination angle
The lawsuit continues on a narrower disability-discrimination claim. Lopez-Duprey testified that a manager told her not to apply for a position in the casino’s “High Limits” VIP area because she’d be required to wear high heels there.
Although she never formally applied for the role, the judge ruled a jury could find the alleged statement discouraged her from seeking the promotion because of her disability accommodation. This promotion-related claim will now go to trial.
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