Court: Borgata Can Regulate An Employee’s Weight

The state appeals court said the Borgata casino’s personal appearance standards are lawful.

The casino said it has fired two Borgata Babes for violating the policy – one for gaining too much weight, the other for losing too much.

The casino’s pitch to prospective Borgata Babes reads: “She moves toward you like a movie star, her smile melting the ice in your bourbon and water”.

Joe Corbo, the casino’s vice president and legal counsel, said: ‘We have long held that Borgata’s personal appearance policy is fair and reasonable. The casino makes a Borgata Babes calendar which is among its top-selling things annually. Even WSOP legend Phil Ivey, whose now involved in a multi-million dollar lawsuit with the casino, recently commented on the so-called “Borgata Babes”, describing how their skimpy outfits and flirty behavior impaired his judgment whilst playing baccarat at $150,000 per hand.

Of 686 female and 46 male associates subject to the standard between February 2005 and December 2010, 25 women and no men were suspended for failure to meet the weight standard, according to the unanimous ruling by the three-judge panel. However, it also said that part of the women’s lawsuit should return to a lower court to decide if the women had been “subjected to a hostile workplace over the standards’ enforcement”.

An attorney for the servers, though, called the ruling frustrating and disappointing.

‘Sexual objectification has been institutionalized and is being allowed to stand, ‘ Ms Mains said.

She added: “It’s hard 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”.

A total of 21 women who were current or former employees of the Marina District Development Co.

The women claim that supervisors would condescendingly ask whether they were pregnant or “just getting fat”, and some would snort at them and make pig sounds.

The casino stated that it was pleased to see the court uphold its decision, pointing out staff are hired as “Borgata Babes”.

So, yeah, maybe this is why Atlantic City is dying.