New Jersey’s Law Against Discrimination Does Not Go So Far As To Protect “Weight, Appearance, or Sex Appeal”

The New Jersey Appellate Division recently affirmed summary judgment for the defense on several claims in the widely-followed “Borgata Babes” case, reining in the plaintiffs’ attempt to expand the New Jersey Law Against Discrimination (“LAD”). The case was brought by 21 current and former female employees of the Borgata Casino Hotel & Spa in Atlantic City, NJ (“Borgata”), specifically hired to work as “Borgata Babes” — both men and women “entertainers who serve complimentary beverages to … casino customers.” Plaintiffs claimed that Borgata subjected them to illegal gender stereotyping, sexual harassment and hostile work environment and disparate treatment, by holding them to specific personal appearance standards (“PAS”), which, among other things allowed for no more than a 7% weight gain above their initial weigh-in. To maintain their appearance, the employees were given free Borgata spa and fitness center access, along with reimbursement for any outside gym memberships, nutritionists, and personal trainers. They were also provided an exclusive dressing room and additional paid time to change into costume and complete their grooming before their shifts.

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