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What to Do if Your Employer Discriminates Against You Because of Your Weight

Move to Michigan!

I hate to be so blunt, but that seems to be the best solution given a recent New Jersey Superior Court decision permitting weight discrimination in the workplace.

Those who are discriminated against in New Jersey workplaces are protected by state and federal laws against discrimination based on:

  • Race
  • National origin
  • Age
  • Sexual orientation
  • Gender
  • Pregnancy
  • Disability
  • Religion

The recent weight discrimination case was brought against the Borgata Hotel Casino & Spa in Atlantic City. Twenty-two cocktail servers, known as Borgata Babes, sued Borgata because they were required to periodically be weighed. Some were even suspended when their weights exceeded seven percent more than the weights they were when they were hired.

The court ruled in favor of Borgata because the plaintiffs all signed applications consenting to the weigh-ins and acknowledging that they could be suspended for weight gain of seven percent or more. The judge noted that all candidates for the position were provided with a brochure describing the Borgata Babe position, stating:

  • “They’re beautiful. They’re charming. And they’re bringing drinks.”
  • “Part fashion model, part beverage server, part charming host and hostess. All impossibly lovely.”

By the way, Michigan is the only state in the nation that passed a law prohibiting weight discrimination. That law has been on the books since 1976.

So no matter what position you’re seeking, if your employer hires you and expects you to maintain a certain weight, you had better watch your weight to keep your job. Unless you work in Michigan.

If your employer is engaging in discrimination against you, speak with an experienced discrimination lawyer to learn what your rights are under New Jersey and federal laws.

 

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Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Senior Partner

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey's premiere practitioners of employment and civil litigation. Mr. Atkins has also been included in the Thomson Reuters list of New Jersey Super Lawyers* in Employment Litigation since 2005. Mr. Atkins believes employees have rights that should be aggressively pursued when an employer has wrongfully dealt…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in a…

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Robert J. Pantina
Attorney

About Robert J. Pantina joined the firm in 2018. Mr. Pantina received his B.A. from Rider University in 2008. He received his J.D. from the Elisabeth Haub School of Law at Pace University in 2017. While in law school, Mr. Pantina interned for the Hon. Bonnie J. Mizdol, Assignment Judge of the Superior Court of…

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Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins, PC in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins, PC, Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability discrimination, FMLA, New…

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