The decision follows a lawsuit against Borgata Casino by 21 of their servers, which the casino refers to as "Borgata Babes." The court stated that while the weight requirements enforced by the casino on their employees are legal, the case should return to court to decide if 11 of the women were subjected to unfair treatment under the policy.
The women claim that supervisors would condescendingly ask whether they were pregnant or “just getting fat,” and some would snort at them and make pig sounds.
"We have long held that Borgata's personal appearance policy is fair and reasonable," Joe Corbo, the casino's vice president and legal counsel, told TH Online. "We are pleased that the three appellate court judges agreed with prior rulings that our policy is lawful and non-discriminatory to women."
The casino argued that the policy was signed and agreed upon by all servers when they accepted employment. It states that servers are prohibited from gaining or losing more than 7 percent of their body weight.
Borgata Babes, who are also featured in a calendar every year, sold at the Casino, are required to wear tight corsets, high heels and stockings for all of their shifts.
"Sexual objectification has been institutionalized and is being allowed to stand," Deborah Mains, an attorney for the women, told TH Online. "It's difficult to separate the harassment claims that the court is recognizing from the overall theory that the working environment is hostile because of the personal appearance standards."
The casino has fired two employees for violating their policy over the years, one for gaining too much weight, and one for losing too much weight. Neither of the women who were fired were involved in the lawsuit.
