Court Upholds Weight Restrictions for “Borgata Babes”

(Jeff Fusco)

Casinos can legally regulate the weight of their waitresses, a New Jersey court has ruled.

On Thursday, a New Jersey appeals court upheld a lower court decision finding that the Borgata Hotel Casino & Spa is legally allowed to have weight restrictions for its waitstaff, according to a report from the Associated Press. Called Borgata Babes, the waitresses wear scantily clad outfits (corsets, high heels and stockings) and violate the company policy if they gain or lose seven percent of their body weight. Two were laid off for violating the policy.

The appeals court said the waitresses were subjected to weight requirements since they are “costumed beverage servers.”

Still the ruling wasn’t all rosy for Borgata. Part of the case is headed back to a lower court to determine if 11 of the 21 women who filed suit were subjected to a hostile work environment. Allegations include “comments from supervisors asking whether they’re pregnant or just getting fat, and co-workers snorting like pigs at them,” the AP said.

The AP caught up with Joe Corbo, Borgata’s vice president and legal counsel. “We have long held that Borgata’s personal appearance policy is fair and reasonable,” he said. “We are pleased that the three appellate court judges agreed with prior rulings that our policy is lawful and non-discriminatory to women.”