Women who work at the Borgata Hotel Casino & Spa in Atlantic City, New Jersey, can be fired for gaining weight, according to the New Jersey Superior Court.
The court held the same standard for men as well as women. If the waitresses, known as Borgata Babes, gain more than 7 percent of their body weight, they can be fired.
Despite the ruling, lawyers Kevin Costello and Deborah Mains say female cocktail waitresses are required to weigh-in more than the male bartenders. They claim the male bartenders are sometimes not weighed at all.
Costello and Mains have also say 11 of the cocktail waitresses who work at Borgata have legitimate sexual harassment claims. The lawyers plan to pursue the claims in a lower court, reports The Guardian.
“The effect of the ruling is that the casino industry in New Jersey can discriminate and tell their cocktail waitresses that they have to have an hourglass shape and what they consider to be a sexy appearance,” Costello said, reports the New York Post. "We say that's illegal discrimination based on a gender stereotype.”
In 2012, some of the female employees described the work environment as “hostile” and cited men snorting at them like pigs. Others called them “fat.” Some claim they were forced to go on food-free diets, according to the New York Post.
"We are pleased that the Supreme Court saw no reason to review previous rulings that Borgata's personal-appearance policy is lawful and nondiscriminatory to women,” Jo Corbo, vice president of the Borgata Hotel Casino & Spa, said. “These rulings are a significant victory for us, and affirm our longstanding belief that our policy is fair.”