An appeals court in New Jersey has sided with the Borgata Hotel Casino and Spa in Atlantic City about weight restrictions for servers who are called "Borgata Babes."
This ruling was in response to a lawsuit brought about by 22 cocktail waitresses who claimed discrimination and humiliation over a policy limiting no more than a seven percent weight gain after hiring.
According to court documents, some of the women were allegedly advised to consume laxatives or refrain from taking prescribed medicines to stay within the allowable range.
The judges ultimately upheld the previous ruling that gender discrimination is not a factor because male servers are required to follow the weight provision as well. The staff also had agreed in their employment contracts to maintain their appearance for work.
However, the judges determined that the claim from 11 women citing harassment after pregnancy or illness-related weight gain had been wrongly dismissed.
This portion will be sent back to the lower court to determine if a hostile work environment occurred as a result.
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