Employers are generally permitted to impose reasonable dress codes and grooming standards on their employees (with some exceptions, such as accommodations for medical or religious reasons). The real question, however, is often whether an appearance standard is reasonable within the context of the employer’s industry. Restricting an employee’s weight might seem extreme, but what if the employer is part of the entertainment industry? Further, what happens when a seemingly equal appearance standard has a disproportionately negative effect on one gender over another?
This article outlines the unique set of circumstances surrounding the recent Appellate Division decision of Schiavo v. Marina Dist. Dev. Co., No. A-5983-12 (N.J. App. Div. Sept. 17, 2015), or the controversial “BorgataBabes” case, and explores the impact of the court’s analysis and what it means for the average employer—particularly with respect to weight policies.
The BorgataBabes Case
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
