Ruling: New Jersey Casino Can Regulate Waitresses' Weight
ATLANTIC CITY, N.J. (AP) -- A casino can regulate the weight of its cocktail waitresses, but a court should decide if managers erred in how they enforced those standards, an appeals panel ruled Thursday.
The state appeals court said the Borgata casino's personal appearance standards are lawful. But it also said part of a lawsuit brought by 21 servers should be returned to a lower court to determine if 11 of the women were subjected to a hostile work environment over the standards' enforcement.
The casino says it's pleased that the policy was upheld, noting it was disclosed and agreed to by all female and male "costumed beverage servers" when they were hired as "Borgata Babes."
"We have long held that Borgata's personal appearance policy is fair and reasonable," said Joe Corbo, the casino's vice president and legal counsel. "We are pleased that the three appellate court judges agreed with prior rulings that our policy is lawful and non-discriminatory to women."
The Borgata Babes are an integral part of the casino's brand and marketing. The servers wear tight fitting corsets, high heels and stockings. The casino even produces a Borgata Babes calendar that is one of its top-selling items each year.
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