A New Jersey appeals court ruled this week that the Borgata Hotel Casino and Spa in Atlantic City may regulate the weight of its servers, who are called "Borgata Babes."
The casino reportedly does not allow the servers to gain or lose more than 7 percent of their body weight.
According to the New Jersey Law Journal, the court ruled that the casino could still be held legally liable if some servers were harassed — as they claim — after putting on weight due to pregnancy or illness.
The court found there was no discrimination in the weight requirements because the rules apply to both women and men, reports NJ.com. The court also noted that the servers signed an agreement regarding their appearance as part of their job, which requires revealing outfits to be worn.
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"We have long held that Borgata's personal appearance policy is fair and reasonable," Joe Corbo, the casino's vice president and legal counsel, told The Associated Press. "We are pleased that the three appellate court judges agreed with prior rulings that our policy is lawful and non-discriminatory to women."
The servers' lawyer Deborah Mains countered, "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."