Casino can fire waitresses for gaining weight
A judge rules that Atlantic City's 'Borgata Babes' knew what they were getting into when they took the job.
But what's the city's biggest issue, according to the Superior Court of Atlantic County? The waistlines of 22 former cocktail servers collectively known as "Borgata Babes."
Superior Court Judge Nelson Johnson ruled in favor of a policy at the Borgata Hotel Casino and Spa -- an Atlantic City casino co-owned by Boyd Gaming (BYD) and MGM Resorts International (MGM) -- that prohibits "Borgata Babes" from gaining more than 7% of their original body weight, according to NBC 10 in Philadelphia.
Although court documents show the women were advised to take laxatives before mandatory weigh-ins and to forgo prescription medication if it was causing them to tack on weight, Judge Johnson ruled the women knew what they were getting into before they took the job.
"The Borgata Babe program has a sufficient level of trapping and adornments to render its participants akin to 'sex objects' to the Borgata's patrons," Johnson wrote, according to the Press of Atlantic City. "Nevertheless, for the individual labeled a babe to become a sex object requires that person's participation."
Though Time magazine immediately blasted the ruling as evidence of rampant weight-based discrimination in the U.S. -- only Michigan has labor laws prohibiting it -- Judge Johnson's decision shouldn't come as a surprise to anyone who knows Atlantic City. Even in New Jersey's sea of diners, pork roll, pizza and subs, Atlantic City and its newly returned Miss America pageant have spent decades presenting and pushing their standard for the American female form.
Yet Judge Johnson says gender has nothing to do with the Borgata's policy, which applies to both male and female "Borgata Babes."
Granted, only 46 men had that title between February 2005 and December 2010, compared with 646 women. That fact didn't escape the notice of former Borgata Babes Renee Gaud and Trisha Hart, who brought a $70 million lawsuit against the casino in 2006 over the same policy. Their case ended quietly with a confidential settlement two years later.
The Borgata has attempted to present itself as a Las Vegas-style casino since opening a decade ago, and the Borgata Babes' miniskirts, cleavage-baring bustiers, black tights and high heels were all part of that shift in strategy. As casinos in Connecticut and Pennsylvania took off and gambling activities in New York and Delaware increased, even Judge Johnson noted that the town's dream of becoming Sin City East resulted in some lunk-headed misfires in the name of marketing.
"From the court's perspective, the term 'babe' is at best undignified and at worst degrading," Johnson wrote in his decision. "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. And some of those people may be among the plaintiffs."
weight discrimination. lolllllllllllllllllll
the only real discrimination is this country is against the taxpayer.
If you're black you can cry about it, if you are ugly you can cry about it and if you are fat you can cry about it.
I am about to cry just hearing all these losers cry all the time.
If you were hired for your looks, don't be so shocked that you are fired when your looks leave you. Instead of crying, try losing some weight to keep your job. Fat people just need to understand that they are fat and stop trying to get the rest of us to be so politically correct about talking about them.
Movie studios have clauses in the actors/actresses contracts for each film that dictates their physical weight and appearance. It only makes sense for large casino operations to follow suit.
They are given a range not to exceed 7% of their hired in weight. For a woman weighing 130 pounds, that means she cannot gain more than 9.1 pounds. The women are subject to periodic weigh-ins and can be suspended if they fail to meet the requirements. Exceptions can be made for medical conditions, and women returning to work from a pregnancy have six to nine months to meet the weight requirements, documents state.
This really is not a bad idea. It keeps them from getting into a unhealthy lifestyle. It's funny how a size 8 in the USA is a size 10-12 in Europe. We have a habit of trying to make people feel better about themselves; when we should be encouraging them to be healthy and active.
7% weight gain limit isn't very much...
"advised to take laxatives before weigh-ins"
never in my life
This is for all the women...Reverse the roles
WHEN HAVE YOU SEEN A FAT-UNFIT CHIPPENDALE DANCER....
You hear us fat guys crying discrimination...
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