A New Jersey Appeals Court has rejected the discrimination claims made by casino workers over being asked to maintain their weight within certain parameters.
According to the three-judge Appellate panel, the Borgata Hotel Casino and Spa located in Atlantic City did not discriminate when it asked waitresses hired to work as Borgata Babes and wear skimpy clothes to maintain their weight. However, the casino could be held liable if some of the waitresses who became pregnant or ill could prove sexual harassment. But some Hudson, New Jersey sexual harassment lawyers are not so sure on this since it does take two to tango.
The appeals court has upheld the decision of the trail court, which too had dismissed the discrimination charges but said that the sexual harassment charges filed by 11 of the 21 plaintiffs could not be dismissed so easily.
Looks do matter!
The ruling points out that both male and female Borgata Babes signed a personal appearance standard agreement before they were hired by the casino. The judges also said that there was no protected class based only on a person’s weight. The main dispute according to them was whether 11 of the plaintiffs who gained weight because of pregnancy or illness were sexually harassed.
The plaintiffs had claimed that the PAS was enforced in a hostile manner against the women, and created a hostile work environment for the women. A New Jersey sexual harassment lawyer representing the women, who could have been found on glimmering legal website USAttorneys.com, said that they had hoped that the PAS was sufficient evidence of gender stereotype and discrimination. However, the court had rejected this approach. Another lawyer still contends that there was no business justification for turning women into sex objects.
Staying fit = more tips
Borgata had hired the Babes under the condition that they would not gain more than 7% of their current weight. While earlier, they were placed on leave and asked to lose weight, later Borgata allowed them to continue working while paying for weight loss programs. Sounds like a good deal there!
However, some of the women claimed that they had been harassed because of weight gain caused by medical conditions. One woman was told by a supervisor that she was claiming to be pregnant to avoid the penalty, while another was weighed eight to ten times even after she produced a medical certificate that provided a reason for her weight gain. Hudson, New Jersey sexual harassment attorneys would like to know what that would be?
Proper legal representation
Proving sexual harassment charges against an employer is difficult because of the way in which laws are phrased and also because it is difficult to gather the necessary evidence. Employers are expected not to discriminate based on gender. However, as employers can also dictate the appearance of their employees, this can lead to pressure being put on many employees, especially women, to conform to gender stereotypes about their appearance.
But in this case that rational can be tossed out since the business wants to attract more people and men and it is easier to do this if the employees are more fit and appealing. On top of this, these female employees signed a contract when they were hired.
If you suspect that you have been discriminated against in your workplace because of your gender or have been subjected to unwanted sexual harassment, you need to retain the services of an experienced New Jersey sexual harassment lawyer who can help you file a case against the employer. The lawyer will first assess all of the evidence you have and the situation and advise you on the steps to take. They are not paid until you are paid normally. The first consultation is usually free as well. You can pivotal information on this topic on this site: http://employment-law.usattorneys.com/jersey/.