Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm News

NJ Appeals Court: Borgata Babes Weight Standard Doesn’t Violate NJLAD

Author: Scarinci Hollenbeck, LLC

Date: September 28, 2015

Key Contacts

Back

The Appellate Division recently ruled that the Borgata Casino’s appearance policy for their employees – known as the Borgata Babes – which includes a strict weight standard, does not violate the New Jersey Law Against Discrimination (NJLAD).

However, it did find that several Borgata Babes may be able to prove that they were sexually harassed after gaining weight due to pregnancy or illness.

NJ Appeals Court: Borgata Babes Weight Standard Doesn’t Violate NJLAD

The Facts of the Case

Twenty-one current or former Borgata Babes of Marina District Development Company, LLC, operating as the Borgata Casino Hotel & Spa, filed suit against the casino alleging violations of the New Jersey Law Against Discrimination (NJLAD). The suit specifically maintained that the defendant’s adoption and application of personal appearance standards (the PAS) subjected them to illegal gender stereotyping and sexual harassment, among other claims.

The PAS required male and female Borgata Babes, who served cocktails in scantily clad costumes, to be physically fit, with their weight proportionate to height, and display a clean, healthy smile. Barring medical reasons or pregnancy, Borgata Babes could not increase their baseline weight, as established when hired, by more than seven percent. The plaintiffs challenged the PAS’s weight standard as gender stereotyping and gender role discrimination in violation of the NJLAD. Further, they alleged the defendant’s sexual harassment and gender stereotyping created a hostile work environment.

The trial court held that the provisions of the challenged PAS, to which plaintiffs specifically consented to abide when accepting employment in the Borgata Babes program, were reasonable in light of casino industry standards and customer expectations. Therefore, the PAS requirements were permitted by N.J.S.A. 10:5-12(p), a provision allowing an employer to establish reasonable employee appearance standards.

 The Court’s Decision

The Appellate Division held that the NJLAD does not encompass allegations of discrimination based on weight, appearance, or sex appeal. However, it also found that several plaintiffs may be able to make a prima facie claim of sexual harassment hostile work environment discrimination based on harassment linked to weight gain caused by a medical condition or pregnancy.

“We do not deny the PAS costume and physical fitness standards imposed what many would label an ‘archaic stereotype’ of male and female employees,” Judge Marie Lihotz explained. “However … actionable conduct results when the stereotypes are shown to be accompanied by a burden on one sex and not the other or are otherwise used to interfere with employment opportunities of the discriminated group.”

In reaching its decision, the appeals court acknowledged that businesses are entitled to enact workplace policies governing the appearance of their employees. “A general principle gleaned from the cited authorities is: When an employer’s ‘reasonable workplace appearance, grooming and dress standards’ comply with state and federal law prohibiting discrimination, even if they contain sex-specific language, the policies do not violate Title VII, and by extension, the LAD,” Judge Lihotz said.

The Appellate Division, however, did not dismiss all of the claims. It left intact claims by 11 of the plaintiffs that alleged that they were harassed after gaining weight due to illness or pregnancy. “Some plaintiffs have alleged facts sufficient to demonstrate that the PAS weight standards were enforced in a harassing manner against women because of their gender, creating a hostile work environment,” Judge Lihotz stated.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Scarinci Hollenbeck Named in the 2027 Edition of Best Law Firms post image

Scarinci Hollenbeck Named in the 2027 Edition of Best Law Firms

Scarinci Hollenbeck, LLC is proud to be recognized in Best Lawyers’ 2027 edition of the Best Law Firms rankings. The firm has been named a Regional Tier 1 firm in New Jersey in five practice areas, a Regional Tier 2 firm in New Jersey in one practice area, and a Regional Tier 3 firm in […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Named in the 2027 Edition of Best Law Firms"
Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2027 post image

Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2027

Eleven Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2027 and Rising Stars Lists Scarinci Hollenbeck, LLC is pleased to announce that 11 of its attorneys were selected for the New Jersey Super Lawyers 2027 and Rising Stars lists. Six attorneys were named to the Super Lawyers list, and five were named to the […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2027"
Scarinci Hollenbeck Named a 2026 NJBIZ Empowering Women Honoree post image

Scarinci Hollenbeck Named a 2026 NJBIZ Empowering Women Honoree

NJBIZ recognizes the firm for advancing women in the workplace and in the community Scarinci Hollenbeck, LLC is proud to announce that it has been named a 2026 NJBIZ Empowering Women honoree. The program recognizes New Jersey companies and organizations for tangible, innovative efforts to advance women in the workplace and in the community. The […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Named a 2026 NJBIZ Empowering Women Honoree"
Scarinci Hollenbeck Continues Growth, Adding Four Attorneys Across the Firm post image

Scarinci Hollenbeck Continues Growth, Adding Four Attorneys Across the Firm

The firm has added 20 legal professionals since May, with the latest group bringing a new partner, counsel, and associates to its New Jersey offices. Scarinci Hollenbeck, LLC today announced four new attorneys joining its New Jersey offices: Denis G. Murphy as Partner, Michael B. Mietlicki as Counsel in the Litigation Group, and Kimberly Diaz […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Continues Growth, Adding Four Attorneys Across the Firm"
Scarinci Hollenbeck Partner Brian Spector Produces New Entertainment Podcast "What Exit?" post image

Scarinci Hollenbeck Partner Brian Spector Produces New Entertainment Podcast "What Exit?"

Scarinci Hollenbeck, LLC is pleased to announce that Partner Brian D. Spector is producing What Exit?, a new entertainment podcast featuring industry news and guests from the Garden State. Hosted by Jared Goldsmith (Dear Evan Hansen), the podcast premiered on Saturday, August 29, 2026, and is available on Spotify and YouTube. What Exit? takes its […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Partner Brian Spector Produces New Entertainment Podcast "What Exit?""
Sean Pena Joins Montclair State University as Adjunct Professor post image

Sean Pena Joins Montclair State University as Adjunct Professor

Scarinci Hollenbeck, LLC is pleased to announce that Sean M. Pena, a Partner in the firm’s Litigation group, has been appointed as an Adjunct Professor in the Department of Political Science and Law at Montclair State University. He will teach Perspectives on Law: Theoretical Foundations and Practical Applications of United States Legal Systems during the […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Sean Pena Joins Montclair State University as Adjunct Professor"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!