09/17/2026
On September 17, 2015, a New Jersey court handed down a ruling in one of the most talked-about casino lawsuits ever: the "Borgata Babes" weight policy case.
The court ruled that the Atlantic City casino was legally allowed to enforce its rule banning costumed beverage servers from gaining or losing more than 7% of their hire weight. Because the role was officially hired as a blend of modeling and entertainment, the court found the strict appearance contract to be lawful.
But that wasn't the whole story.
While the court upheld the policy itself, it also ruled in favor of 11 of the servers by reviving their workplace harassment claims. The judges noted that even if a weight policy is legal on paper, it doesn't give management a pass to enforce it in a hostile or demeaning way—especially when it comes to pregnancy and medical leaves.
Over a decade later, this case is still a major talking point for where brand standards end and employee rights begin.
