Hanafy claims that the two had a "friendly relationship," and McRedmond would "often joke around with me about my weight, grab my stomach in connection therewith and also joke about my accent," according to court documents.
The restaurant denies asking the waitresses to provide their weight.
They do not deny that McRedmond may have been asked to get on a scale, but "they categorize the incident as a lighthearted exchange between McRedmond and Hanafy. They contend that two male employees were trying to lose weight (both being in excess of 400 pounds) and brought the scale into Sutton Place."
Mallin said McRedmond was on workplace probation at the time she was discharged. He said the company had disciplinary records for both McRedmond and Lipton with "different delinquencies that they had."
"Any suggestion that these documents were somehow manufactured or created after the fact because the employees didn't know about them is pure speculation and not supported by any fact. It's a naked allegation," he said.
He said "there was plenty of legitimate basis to terminate the individuals having nothing to do with the complaints or the result of any alleged conduct or any alleged harassment."
Another employee testified that McRedmond was "late all the time" while another waitress said she was a "good waitress" and a "good bartender."
McRedmond said she was not reprimanded for any alleged violations except for taking cigarette breaks. She said "Hanafy reprimanded her for smoking due to his personal opinion about smoking, rather than for violating a Sutton Place policy," according to a court filing.
"Anybody can make an accusation," Mallin said. "The appellate decision decided the jury is going to have to decide."