Downtown Lexington restaurant denies discrimination claims made by former employee

Frank & Dino’s, a downtown Lexington Italian restaurant owned by Post Time Lexington LLC, denied allegations of discrimination that were made by a former employee who claimed she was fired for her appearance, age and weight.

In a legal reply to a lawsuit filed by former bartender Scarlett Tracey over her termination, Frank & Dino’s said it fired Tracey for performance reasons, not because of her appearance or age.

In their reply, attorneys for Frank & Dino’s alleged that Tracy was fired based on her “poor work performance.” The restaurant alleges Tracey failed to arrive at work on time, lacked proficiency as a bartender, how to make specialty drinks, and was suspected of drug use,” according to court records.

Tracey and her attorney have previously denied these allegations, and said there was no documentation of any of these issues occurring in the workplace.

Despite the claims made in the legal reply, Frank & Dino’s also admitted Tracey was not issued any corrective actions or written warnings whatsoever regarding any of the issues mentioned in their reason for termination. They argue Tracey was an employee-at-will and could be terminated from the job at any time.

Woman sues a Lexington restaurant, claims she was fired for her appearance and age

Frank & Dino’s admitted in their legal response that some employees at that location may be “subjectively considered to be young, attractive and thin,” but stated that employees, including bartenders, are a “wide variety of age, gender, appearance and height,” according to court records.

Former employee: Owner made insulting comments about weight

In Tracey’s complaint, she stated on the night she was hired, owner Carlo Vaccarezza asked the hiring manager if he was “hiring bartenders by the pound,” and said Tracey was “not attractive enough to work” at the restaurant. She alleged she was called “fat and ugly” and “did not look like a bartender at Frank and Dino’s.”

Tracey, a 47-year-old Frankfort resident filed the lawsuit on August 30, alleging sex and age discrimination for unlawful termination, according to court records. She hopes to recover compensatory and punitive damages.

Tracey alleged in her complaint that the original Frank & Dino’s location in Boca Raton, Florida, only hired “young, attractive, and thin” bartenders.

Tracey has two written affidavits from former supervisors at Frank & Dino’s that testify on her behalf. In addition, Tracey’s case was taken to the Equal Employee Opportunity Commission, which found that there was reasonable cause to believe the restaurant violated discrimination laws.

“That is a strong piece of evidence we have to the lawsuit,” Tracey’s attorney, Brad Zoppoth said. “ ... She has support and backup from employees and an unbiased, administrative organization.”