Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: September 28, 2015
The Firm
201-896-4100 info@sh-law.comHowever, 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.

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 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.

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]
Author: Dan Brecher

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]
Author: Ken Hollenbeck

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]
Author: Robert E. Levy

Special Purpose Acquisition Companies (SPACs) continue to gain momentum as we move through 2026. After enduring a significant contraction following the 2021 boom and the regulatory scrutiny that followed, SPAC activity rebounded sharply in 2025 and now carries forward into 2026 with real momentum. The SPAC resurgence reflects broader improvements in both market conditions and the […]
Author: Dan Brecher

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]
Author: Dan Brecher

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Author: Charles H. Friedrich
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!