A legal battle over requirements that cocktail servers at Borgata Hotel Casino & Spa meet strict weight guidelines and other personal-appearance standards has ended, with the state Supreme Court declining to review a case brought by 21 current and former Babes.
In September a state appeals court rejected claims that the standards violate anti-discrimination law.
“The Borgata Babe position comprised more than a job serving drinks and washing glasses," the appeals court found. "From its inception, an element of performance and a public appearance component was part of the described Borgata Babe position.“
The state Supreme Court on Thursday declined to review the ruling.
Borgata’s policy for Babes and their male counterparts requires them to be physically fit with a clean smile. Females must have an hourglass shape; males must have broad shoulders and a slim waist.
Borgata attorney Joe Corbo said in a statement: "We are pleased that the Supreme Court saw no reason to review previous rulings that Borgata's personal appearance policy is lawful and non-discriminatory to women. These rulings are a significant victory for us, and affirm our longstanding belief that our policy is fair."