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



 

RELEVANT JOBS

Compliance Associate

USA-NY-New York City

About Us: New datasets are being created every day and investors need to incorporate them to rema...

Apply now

Legal Assistant

USA-FL-Boynton Beach

Are you looking to expand your knowledge and experience in the legal world? If so, come join our ama...

Apply now

Personal Injury Attorney

USA-FL-Boynton Beach

Come join one of the fastest growing and successful injury law firms in Florida! Frankl Kominsky ...

Apply now

Litigation Paralegal

USA-CO-Colorado Springs

Seeking Litigation Paralegal for Personal Injury Law Firm Vigil and Alford, PLLC is seeking a par...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

BCG Attorney Search In-House Counsel

USA-CA-Los Angeles

BCG Attorney Search In-House Counsel We are a Legal Employment Company located in California with o...

Apply Now

FDA Regulatory Attorney

USA-MA-Boston

Boston office of a BCG Attorney Search Top Ranked Law Firm seeks FDA regulatory attorney with 3-4 ye...

Apply Now

Foreclosure/Bankruptcy Associate Attorney

USA-CA-Temecula

Temecula office of our client seeks associate attorney with preferably 2 years of experience working...

Apply Now

SEARCH IN ARCHIVE

To Top