Weird News

Watch Out! Weight Fluctuations Can Be Reason for Termination
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Borgata Babes

Summary: A New Jersey appeals court decided that an Atlantic City casino can have personal standards for their cocktail waitresses that include regulating their weight.

Twenty-one former and current cocktail waitresses at the Borgata Casino in Atlantic City filed a lawsuit against the casino for sexual discrimination back in 2008. The women, dubbed the “Borgata Babes,” were known for wearing tight-fitting corsets and heels and appearing in a popular calendar each year.

  
What
Where


The suit contested a company policy prohibiting them from gaining more than 7% of their baseline weight when hired. The Babes’ claims included sexual harassment, hostile work environment, disparate treatment, disparate impact and gender stereotyping against their employer.

Last week an appeals panel found the lower court ruled appropriately in dismissing the discrimination claims based only on weight. According to the New Jersey appeals court, personal appearance standards are lawful partly because the women agree to the standards before starting their employment.

However, the appeals court said it was wrong to dismiss the claims of eleven servers who said they were sexually harassed after putting on weight due to pregnancy or illness. These claims should not have been dismissed; a lower court will decide if the standards subjected the women to a hostile work environment.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Attorney Deborah Mains says, “Sexual objectification has been institutionalized and is being allowed to stand. 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.”

Of 686 female and 46 male associates subject to the standard between February, 2005, and December, 2010, 25 women and zero men were suspended for failure to meet the weight standard. The casino admits one server gained too much weight while the other server lost too much. Neither of those servers participated in the lawsuit.



Employees frequently sue for harassment related to personal appearance standards in the workplace. Two years ago, a black woman sued the restaurant chain Hooters for not allowing her to put highlights in her hair because of the color of her skin.

Source: http://www.csmonitor.com/USA/Society/2015/0918/Fired-for-gaining-weight-New-Jersey-court-upholds-casino-policy

Also see: http://fortune.com/2015/09/18/atlantic-city-casino-waitress/

http://www.businessinsurance.com/article/20150918/NEWS06/150919779/atlantic-city-casino-cleared-of-most-sex-bias-charges-in-waitress

Photo: ethioscoop.com



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-level Litigation Attorney with motions experience

USA-WA-Seattle

Seattle office of our client seeks mid-level litigation attorney with 3-5 years of experience, inclu...

Apply Now

Environmental /Land Use Attorney with 2-3 years of experience

USA-CA-San Francisco

San Francisco office of our client seeks environmental /land use attorney with 2-3 years of experien...

Apply Now

Litigation Attorney with 2-5 years of insurance defense experience

USA-FL-Jacksonville

Jacksonville office of our client seeks litigation attorney with 2-5 years of previous insurance def...

Apply Now

Attorney with 5+ years of complex litigation experience

USA-MI-Detroit

Detroit office of our client seeks attorney with 5+ years of complex litigation experience. The cand...

Apply Now

RELEVANT JOBS

Legal Assistant / Receptionist

USA-IA-Ames

Legal Assistant / Receptionist. Pasley & Singer Law Firm seeks applicants who are professional, orga...

Apply now

Paralegal

USA-LA-Lake Charles

We are looking for a full time legal assistant with plaintiff personal injury litigation experience ...

Apply now

Severe Injury Attorney

USA-TX-Dallas

We will be interviewing for a new attorney.   If interested, please provide your resume and a c...

Apply now

Help Desk Analyst

USA-NY-White Plains

Jackson Lewis P.C. is an employment law firm that represents management exclusively in every aspect ...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top