September 19, 2015
Brian Branch-Price/AP
Borgata cocktail servers Megan Mercado, left, and Sara Jamison fill orders for customers at the Borgata Hotel Casino & Spa in Atlantic City, N.J., Thursday, Feb. 17, 2005. Beginning Monday, the casino is imposing weight limits on its cocktail servers and will fire those who gain more than 7 percent of their baseline body weight and can't shed it through a company-financed weight loss program.
A New Jersey appeals court ruled earlier this week that the Borgata Casino's policy of holding servers to personal appearance standards is lawful, but recommended that a lower court decide whether managers' enforcement of the policy subjected some women to a hostile work environment.
The suit, filed by 21 women known as "Borgata Babes," claimed that the threat of suspensions for gaining more than 7 percent of their body weight humiliated them and forced them off the job.
The policy was implemented as an integral part of the Borgata's brand strategy, requiring servers to wear tight-fitting corsets, high heels and stockings. The casino also produces an annual Borgata Babes calendar that has consistently been a top-selling item.
According to the Associated Press, the casino lauded the ruling and reiterated that the policy was disclosed and agreed to by all male and female "costumed beverage servers" as a condition of employment.
"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."
An attorney for the servers expressed disappointment in the ruling, noting that some of the women were subjected to insulting comments from supervisors and co-workers concerning their weight.
"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."
The casino claims it has fired just two employees since it opened in 2003 -- one for gaining too much weight and another for losing too much -- neither of them were a part of the lawsuit.
