A casino in Atlantic City, New Jersey, can control how much weight its cocktail servers can gain, according to NBC News. The Borgata Hotel policy, which was the subject of a lawsuit after prohibiting cocktail waitresses from gaining more than seven percent of their original body weight, has been determined to be legal.
Twenty-two of the hotel's servers, known as "Borgata Babes," had objections to this policy. They said it created a culture of humiliation and harassment. They also stated that the casino only attempted to enforce the policy on female employees.
Court documents showed that some women claimed they were told to take laxatives prior to mandatory weigh-ins.
Superior Court Judge Nelson Johnson found in favor of the Borgata Hotel Casino & Spa, saying that the rules are reasonable.
"I think it's way too stringent," Rene Gaud, a former "Borgata Babe," told NBC News. "I think it's a way to get rid of the older girls."
The judge found that the rule would be sexist only if the policy specifically targeted female servers or punished a trait, in this case weight gain, in one gender over another. The judge found neither instance to be evident in the case. The judge found that maintaining a certain weight is part of what the women agreed to do as entertainers, according to the Press of Atlantic City.
The judge did acknowledge in his ruling that the policy, while legal, can still prove problematic.
"From the court's perspective, the term 'babe' is at best undignified and at worst degrading," Johnson wrote. "Regardless, there are people in our society who view 'babe' as playful flattery.
"To the chagrin of those in our society hoping to leave sexual stereotypes behind, some of those people are female," the judge continued. "And some of those people may be among the plaintiffs."
"I couldn't agree more," Seam Murphy, a resident of Atlantic City, said in response to the ruling in favor of the hotel's policy. "It's a marketing business.
"You gotta sell yourself," he continued.
Others found the issue less black and white.
"It's kind of 50/50," Stephanie Murphy, another Atlantic City resident, said. "If they were hired knowing that they had to maintain a certain appearance and they didn't, that's one thing."
Then there were other residents who completely disagreed.
"Skinny girls aren't in style no more," Tanya Myers said. "They like the big and thick chicks."
Regardless of the judge's ruling, many people found the policy to be wrong.
"Just because you're big, doesn't mean you're not a babe," Karen Myers said.
"I'm fat," Jessenia Rodriguez said. "I don't want to be fired because of it."
View more videos at: https://nbcphiladelphia.com.
News coverage of the case.
This article is copyrighted by Travelers Today, the travel news leader
