Panel Rules That NJ Casino Can Regulate Cocktail Waitresses’ Weight

Panel Rules That NJ Casino Can Regulate Cocktail Waitresses’ Weight

When a person takes a job that relies heavily on a certain appearance, it should not be surprising that their employer wants to maintain that appearance. And that’s likely why an appeals panel ruled in favor of a New Jersey casino, and against servers filing a lawsuit, saying that the casino can regulate their weight.

cocktail waitress

A New Jersey 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 on Thursday.

The state appeals court said the Borgata casino’s personal appearance standards are lawful. But it also said part of the lawsuit bright by 21 servers should be returned to a lower court to determine if 11 of the woman were subjected to a hostile workplace over the standards’ enforcement.

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Borgata said it’s pleased 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 important part of the casino’s brand and marketing. The servers wear tight fitting corsets, high heels and stockings. The casino produces a Borgata Babes calendar that is one of its top-selling items each year. The court noted that the casino made it explicitly clear that anyone called a “Borgata Babe” must take in appearance as a major part of their job, the Press reports.

An attorney for the servers, though, called the ruling frustrating and disappointing.

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

Look, if a woman gets a job as an NFL cheerleader, or a Hooters waitress, or a model, or one of these Borgata Babes, then she knows in advance that her appearance is an integral part of the job. That the company would expect her to keep up her appearance is simply common sense, and frankly, part of what she signed up for.

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