ATLANTIC CITY -- An appeals court Thursday upheld a lower court ruling allowing the Borgata Hotel Casino and Spa to mandate weight limits for servers known as "Borgata Babes," the New Jersey Law Journal reported.
More than 20 of the servers, who are required to wear revealing uniforms, objected to the policy, arguing it only affected female employees. But a court in 2013 ruled that the policy did not discriminate against one gender.
The appeals panel Thursday found that the lower court ruled appropriately in dismissing the discrimination claim based only on weight, but also said complaints from 11 servers who claimed they were sexually harassed after putting on weight due to pregnancy or illness should not have been dismissed.
The judges found no evidence of discrimination in the weight requirement generally because it also applied to male "Babes" and because the servers had signed an agreement requiring them to maintain an appearance standard as a condition of employment.