The New Jersey Supreme Court will not hear an appeal in what has become known as the Borgata babes case, leaving lower court rulings in place.
In 2013, a court ruled against a legal challenge by waitresses at Atlantic City’s Borgata casino of the casino’s policies of weight requirements for cocktail waitresses. The court ruled that personal appearance standards were lawful and that ruling was upheld by an appeals court.
The court said that an element of performance and a public appearance component were part of the described Borgata Babe position.
The casino has fired two Borgata Babes over the years for violating the policy, which prohibits servers from gaining or losing more than 7 percent of their body weight.
