Appellate court rules ‘Borgata Babes’ case can go to trial

May 21, 2019

ATLANTIC CITY, N.J. (AP) — A state appellate court says five cocktail waitresses who sued an Atlantic City casino for gender bias and a hostile work environment can take their case to trial.

The woman initially sued the Borgata casino in 2008, claiming the dress code for the “Borgata Babes” created a culture of humiliation and harassment. They also argued the casino shouldn’t be allowed to control how much the waitresses weighed.

The case has been dismissed by a trial court, and has been appealed twice.

The appeals panel decision published Monday found some of the casino’s enforced standards included harassment of women for their weight while battling illness or while pregnant. But overall, the weight requirement itself didn’t violate New Jersey’s anti-discrimination law.

The Borgata declined comment on the ruling.

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