The New Jersey Court of Appeals ruled last week that the dress and grooming policies for cocktail servers, known as the “Borgata Babes,” at the Borgata Hotel Casino & Spa did not constitute sex discrimination under the New Jersey Law Against Discrimination. 

The lawsuit was brought by twenty-two women who alleged that the casino viewed them as sex objects and had policies which prohibited them from gaining more than seven percent of their body weight at the time of hiring.  The lower court held that the hiring process made clear that the positions were meant to be part-entertainer and part-cocktail waitress and the waitresses voluntarily agreed to the weight policy by signing agreements, which the judged ruled were reasonable and lawful.  The waitresses appealed.

  Last week, the New Jersey Court of Appeals affirmed the lower court’s decision, holding that Borgata’s personal appearance policy was lawful and non-discriminatory; however, the Court ruled that “…the enforcement of the weight policy was applied in a discriminatory harassing manner targeting women returning from maternity and medical leave” and therefore remanded the case back to the lower court on that issue.

The full decision can be read here.