Atlantic City, New Jersey: A casino can regulate the weight of its cocktail waitresses


Posted on the 17th of September 2015

Atlantic City, New Jersey: A casino can regulate the weight of its cocktail waitresses

Ruling in favor of the Borgata casino, the state appeals court said that, “A casino can regulate the weight of its cocktail waitresses, but a court should decide if managers erred in how they enforced those standards.” The court also said that the Borgata casino’s personal appearance standards are lawful.

The Borgata Babes are an important part of the casino’s brand and marketing. The female “costumed beverage servers” who are also known as “Borgata Babes” are hired to serve beverages to customers while wearing tight fitting corsets, high heels and stockings. In addition to believing that such outfits have the potential to create a hostile work environment, in terms of sexual harassment, Borgata Babes are also unhappy about the policy that prohibits them from gaining or losing more than 7% of their body weight after they are hired.

“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.”

“Sexual objectification has been institutionalized and is being allowed to stand,” said disappointed attorney Deborah Mains. “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.”

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