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.

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
Author: Jay McDaniel

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Author: Paul Grossman
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!