Forty women who accused Resorts Casino Hotel of discrimination when it adopted skimpy flapper uniforms for cocktail servers during a Roaring ’20s rebranding have resolved their lawsuit, attorneys said.
A court filing last week says both sides agreed to end the case, suggesting a settlement was reached.
Attorneys for Resorts and the plaintiffs confirmed that the case, filed in 2011, was “resolved” but declined further comment, citing confidentiality concerns.
One of the plaintiffs, Shirley Martindale, said in 2011 that she underwent a bizarre audition as part of the rebranding and lost her job when the casino purged older workers to attract a young clientele.
She said servers had to wear revealing uniforms while pretending to serve drinks to supervisors who judged their appearance.
“The experience was strange,” she told The Press of Atlantic City after the lawsuit was filed. “The costume didn’t fit me quite right. It had a tie in back and it was tight. I think it was a little bit strange because the uniform felt skimpy. I didn’t think I looked great in it, but I wasn’t fat,” she said.
Resorts CEO Mark Giannantonio declined to comment on the case Tuesday. A Resorts statement in 2011 said the auditions were done “in a fair and objective manner.”
Kevin Costello, the plaintiffs’ attorney, said Tuesday that the case “is resolved and I can't comment on the terms.” Nick Moles, vice-president and general counsel to Resorts, said "The matter's been resolved" and also said he could not discuss details.
Uniforms for cocktail servers at Borgata have also sparked litigation and claims of unfair treatment. Last year a state-court judge sided with Borgata after some of the casino’s cocktail servers, called “Borgata Babes,” said Borgata had a policy unfairly limiting the amount of weight they could gain.
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