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Judge Rules Casino Can Fire Employees for Being Overweight

Posted on in Employment

Although many states have moved to protect workers against sex, and gender-based discrimination, incidences of weight discrimination are seen around the country. A judge has ruled that an Atlantic City Casino can fire waitresses who put on a few pounds.

The lawsuit had been brought by employees of Atlantic City Borgata Hotel Casino and Spa. At least 22 cocktail waitresses were involved in the lawsuit. According to these waitresses, they are viewed as sex objects, and often forced to endure frequent weigh-ins. During these weigh-ins, their weight is monitored and if they weigh 7% above the weight that they were at when they were hired for the job, they can be suspended from duty. The lawsuit also alleged that none of these rules applied to the male employees of the casino.

However, the court has held that the waitresses knew what they were getting into when they decided to apply for a job at the Atlantic City Borgata Hotel Casino and Spa. Casino employees are very often known as “Borgata babes”, and according to the judge, it was very clear to the employees when filed their application, that the casino would treat them as not just as waitresses, but also as hostesses and fashion models. This was a fact that the waitresses were aware of the time of hiring. In fact, the judge also made note of the fact that all the cocktail waitresses had signed agreements at the time of hiring that outlined their agreement to the 7% weight rule.

The judge did not find that the casino's actions had violated New Jersey's anti-discrimination laws in any way.

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