Court: Borgata Can Regulate An Employee's Weight

A New Jersey appeals court said Thursday that it is lawful for the Borgata Casino in Atlantic City to regulate the weight of its “Borgata Babes,” according to a report from the Associated Press.

A group of 21 cocktail waitresses sued the casino over the existence and enforcement of weight requirements. The court did say that a lower court should review whether the enforcement of the rules created a hostile work environment.

The attorney for the employees expressed dissatisfaction with the ruling, telling the AP: “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.”

The women say that their weight gains have resulted in extreme harassment from co-workers.

The physical appearance of cocktail waitresses at the Borgata has been a subject recently in the lawsuit involving Phil Ivey and the casino. Ivey’s legal team has argued that the casino was trying to take advantage of Ivey through numerous techniques, including flirtatious cocktail waitresses.

The argument is part of an overall strategy to fight the casino reclaiming $9.6 million Ivey won using a controversial technique called “edge-sorting.”

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