Drinks Are Served … But Justice Is Not

Borgata is an Atlantic City casino that opened in 2003 to bring a touch of Vegas to the East Coast. The casino marketed “Borgata Babes”[see photo]— drink servers— to reflect "the fun, upscale, sensual, international image that is consistent with the Borgata brand."  All Babes were marketed in a brochure in these terms: “She moves toward you like a movie star, her smile melting the ice in your bourbon and water. You forget your own name. She kindly remembers it for you. You become the most important person in the room. And relax in the knowledge that there are no calories in eye candy.” Under the program, Borgata hired 686 women and 46 men. In time, 21 Babes—all women-- were for fired for failing to meet weight standards. On September 17^th a New Jersey appeals court ruled that their employment conditions did not constitute unlawful discrimination. The court’s dubious reasoning: “The record shows the BorgataBabe position comprised more than a job serving drinks and washing glasses. From its inception, an element of performance and a public appearance component was part of the described BorgataBabe position. The record does not dispute the BorgataBabes appeared as the face of the casino outside the casino floor. Further, based on their designated role on behalf of defendant BorgataBabes were provided lower and more flexible hours, more beneficial earning opportunities, and perquisites of employment not extended to defendant's other associates. These facts demonstrate the business specialization of the BorgataBabes among defendant's associates.” Read the decision here.