Court: OK to punish employees who gain weight

A New Jersey state appeals court delivered a split decision Thursday upholding the Borgata Casino’s personal appearance requirements but leaving open another lawsuit challenging how management enforced those rules.

The rule in question concerned how much weight scantily clad servers could gain without it affecting their jobs, according to a report in the Press of Atlantic City.

A Borgata lawyer underscored that the ruling upheld the casino’s right to enforce its appearance rules for Borgata Babes, a position similar to being a cocktail server that includes both women and men. “This is a significant victory for Borgata,” said Joe Corbo, legal counsel for the casino, in the report. “We have long held that Borgata’s personal appearance policy is fair and reasonable.”

Deborah L. Mains, lawyer for the Borgata Babes, was quoted that her “initial reaction is disappointment. … We would have preferred a different result.” The report added that the separate lawsuit concerning the Borgata’s enforcement of its rules will continue.

“The next step for that is trial,” Mains added.

The court decided that the casino made it clear that personal appearance was a prominent component of the Borgata Babes’ job description. “They’re beautiful. They’re charming. And they’re bringing drinks,” the court quoted as part of the casino’s pitch to applicants for the position.

The casino maintains a requirement that the Borgata Babes, who are classified as entertainers as well as drink servers, cannot gain more than 7 percent of their original weight when hired, the article stated.