A New Jersey appeals court ruled this week that the Borgata Hotel Casino and Spa in Atlantic City can legally regulate the weight of its employees. The court on Thursday said, the casino was not discriminating illegally by imposing a weight requirement on the servers. However, it also said part of the lawsuit bright by 21 servers should be returned to a lower court to determine if 11 of the woman were subjected to a hostile workplace over the standards’ enforcement.
The 22 servers are permitted to move ahead with a lawsuit claiming they were subjected to a hostile work environment regarding how casino managers enforced those standards. One was fired for gaining too much weight and one was let go for losing too much. Joe Corbo, the casino’s vice president and legal counsel, says they have long held that Borgata’s personal appearance policy is fair and reasonable.
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