The Borgata Hotel Casino and Spa in Atlantic City did not discriminate against its scantily clad “Borgata Babes” when it adopted a policy mandating they stay within a certain weight, but it could be held liable for damages if claims that some of the women who became ill or pregnant were sexually harassed prove to be true, a New Jersey appeals court ruled Sept. 17.
The three-judge Appellate Division panel, in a published decision, affirmed a trial judge’s decision to dismiss the allegations of discrimination based on the weight requirements, but said claims filed by 11 of the 21 plaintiffs who alleged that they were sexually harassed after gaining weight due to illness or pregnancy should not have been dismissed.
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