Borgata
Hit with Lawsuit
As reported by the Press of
Atlantic City: "Borgata Hotel Casino &
Spa was hit with a $70 million lawsuit Monday
that claims the gaming hall discriminated against
female employees in its zeal to keep its skimpily
attired cocktail servers slim and sexy.
"The
litigation stems from the casino's controversial
policy, enacted last year, that prohibits the
"Borgata Babes" cocktail servers from
gaining more than 7 percent of their body weight.
"Two
former Borgata Babes, Renee Gaud and Trisha
Hart, allege in the state Superior Court suit
that the casino created a hostile workplace
tainted by discrimination and sexual stereotypes.
"The
suit consists of seven main claims, each asking
for damages of not less than $10 million. An
eighth claim requests punitive damages in an
amount to be determined by a trial.
"Borgata
and its managers are accused of discriminating
against female employees "under the guise
of a highly offensive and demeaning personal
appearance policy."
"
"From the top brass of senior management
down to lower-level supervisors, the Borgata's
workplace is polluted by sexual stereotypes,
a sexual and gender-hostile environment, and
sex discrimination," the suit alleges.
"Rather than help to eradicate the workplace
of such discriminatory behavior, Borgata has
actually promulgated employment practices by
which women are sexually objectified and their
workplace performance is secondary to the size
of their breasts and waistlines."
"Borgata
spokesman Michael Facenda declined to comment
Monday on the suit other than to say that the
casino stands behind its employment policies.
Employees deemed overweight are suspended or
fired if they fail to comply.
"The
suit contends Gaud and Hart were among many
cocktail servers who "endured bullying
and degrading harassment about their weight
and appearance on a daily basis."
"
"The complaint tells chapter and verse
of what Renee and Trish experienced," said
their attorney, Jeffrey I. Carton, of the White
Plains, N.Y., law firm of Meiselman, Denlea,
Packman, Carton & Eberz.
"Gaud
and Hart were outspoken about Borgata's weight
policy when it took effect in February. They
claimed were targeted by the casino when they
asked for an exemption for medical reasons.
Carton declined a request Monday for an interview
with the women.
"Gaud,
of Mays Landing, Atlantic County, suffers from
hypothyroidism and has difficulty controlling
her weight. The suit alleges she was harassed
by Borgata's management after she put on weight
and her costume size increased. She resigned
last summer, her husband said.
"Hart,
of Wenonah, Gloucester County, said in an interview
last year she was forced to take a drug test
when she requested a leave of absence. She said
she was fired for failing the drug test, but
she disputed the results.
"Borgata
placed weight limits on its cocktail servers
as part of personal grooming standards designed
to maintain the Las Vegas-style megacasino's
upscale and edgy image. Borgata Babes embody
the gaming hall's sexy reputation — each
of them attired in slinky black minidresses,
low-cut bustiers and high heels.
"In
the past, Borgata's management defended the
weight policy as fair and legal. Borgata said
the policy clarified appearance standards that
were established when the casino opened in 2003.
It specifies that female cocktail servers should
maintain "natural hourglass figures"
and their male counterparts should have "V-shaped
torsos, broad shoulders and slim waists."
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