NJ Court Decides That Casinos Can Monitor Their Waitresses Weight
Current and former cocktail employees of the Borgata Casino in Atlantic City had filed a case against the casino stating that they were subjected to a hostile working environment and treated like a sexual object because the casino’s policy controlled their outfits and even their weight.
The Borgata Casino has a policy to hire cocktail waitresses as “costumed beverage servers” who then form a part of the ‘Borgata Babes’ club. The policy is made clear to candidates before they join the team and they are hired only when they agree to the terms and conditions.
The waitresses are dressed in tight-fitting outfits that are very revealing and are also required to wear stockings and high heels at all times. The Borgata Babes play an important to Borgata’s marketing and promotional strategies and also pose for the popular Borgata Babes calendar which is one of the casinos hottest selling items.
Borgata management have been accused of being extremely strict in monitoring the weight of the waitresses and firings two such waitresses in the past, one for being a little overweight and the other for being underweight. The court heard the lawsuit of the 21 current and ex-casino waitresses and in the end determined that the casino was allowed to monitor the weight of its waitresses but the manner in which Borgata management enforces such laws must be monitored at all times to ensure that the waitresses were not being subjected to a hostile working environment.
Poker pro Phil Ivey had also accused the Borgata casino in a lawsuit of using scantily clad waitresses as part of a marketing strategy to distract players on the casino floor, break their concentration and cause them to lose to the house.
The state appeals court stated that part of the lawsuit could be considered by the lower court to see if the waitresses were subjected to a hostile working environment when the Borgata management tried to enforce their policies.
The attorney who represented the cocktail waitresses was not very happy with the courts verdict. In a statement, attorney Deborah Mains said
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
On the other hand, Joe Corbo, the Borgata casino’s vice president and legal counsel was happy with the court’s decision and said it validated the fact that the Borgata had a fair and lawful policy that did not discriminate against women.
