Casino can fire 'Borgata Babes' cocktail waitresses for putting on too much weight, court rules

  • Borgata Casino says servers cannot gain or lose 7% of their body weight
  • 'Borgata Babes' wear tight-fitting corsets, stockings and high heels at work
  • 22 of the waitresses brought a lawsuit claiming the weight rules were unfair
  • Servers also claim supervisors asked women whether they were pregnant or just getting fat, while co-workers snorted like pigs at them 
  • But an appeals court ruled the casino in Atlantic City can keep the policy

By Ollie Gillman For Dailymail.com

Published: 13:42 EST, 17 September 2015 | Updated: 22:06 EST, 17 September 2015

A casino can fire its cocktail waitresses for putting on too much weight, a court has ruled.

An appeals court in New Jersey ruled that Borgata Casino, in Atlantic City, can regulate the weight of its servers, known as the 'Borgata Babes'.

A lawsuit brought by 21 of the women - whose uniform includes tight-fitting corsets, stockings and high heels - claimed 11 of the workers were treated unfairly by bosses enforcing rules on how heavy they are.

An appeals court in New Jersey ruled that Borgata Casino can regulate the weight of its servers, known as the 'Borgata Babes' (pictured in 2003)

An appeals court in New Jersey ruled that Borgata Casino can regulate the weight of its servers, known as the 'Borgata Babes' (pictured in 2003)

Borgata Casino has fired two waitresses (file picture of Borgata Babes in 2006) in recent years for breaching its policy, which states that servers cannot gain or lose seven per cent of their body weight

Borgata Casino has fired two waitresses (file picture of Borgata Babes in 2006) in recent years for breaching its policy, which states that servers cannot gain or lose seven per cent of their body weight

Borgata Casino has fired two waitresses in recent years for breaching the policy, which states that servers cannot gain or lose seven per cent of their body weight.

One of the women was sacked for gaining too much weight while the other lost too much.

The court ruled that while the policy was legal, a lower court should determine whether the 11 women were subjected to a hostile work environment.

Deborah Mains, the women's attorney, said the cocktail waitresses had been asked by supervisors whether they were pregnant or just getting fat, while co-workers allegedly snorted like pigs at them.

'Sexual objectification has been institutionalized and is being allowed to stand,' Ms Mains said. 

'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 waitresses' (pictured in 2005) uniform includes uniform includes tight corsets, stockings and high heels

 The waitresses' (pictured in 2005) uniform includes uniform includes tight corsets, stockings and high heels

The casino said it was pleased the policy was upheld, adding that the rules were disclosed and agreed to by all female and male 'costumed beverage servers' when they were hired

The casino said it was pleased the policy was upheld, adding that the rules were disclosed and agreed to by all female and male 'costumed beverage servers' when they were hired

The so-called Borgata Babes are an integral part of the casino's brand and marketing. The casino even produces a Borgata Babes calendar that is one of its top-selling items each year.

The casino said it was pleased the policy was upheld, adding that the rules were disclosed and agreed to by all female and male 'costumed beverage servers' when they were hired.

Joe Corbo, the casino's vice president and legal counsel, said: 'We have long held that Borgata's personal appearance policy is fair and reasonable.

'We are pleased that the three appellate court judges agreed with prior rulings that our policy is lawful and non-discriminatory to women.'

The ruling overturned part of a 2013 court decision throwing out the lawsuit - made by former and current waitresses - in full. 

Comments (2)

Share what you think

The comments below have been moderated in advance.

The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline.

Add your comment

By posting your comment you agree to our house rules.

Who is this week's top commenter? Find out now