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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.


Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch

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 his…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt

Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigation 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 his clients, including a $525,000 jury verdict in a sexual…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey

Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…

Carly Skarbnik Meredith Attorney Photo
Carly Skarbnik Meredith

Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…


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No aspect of these advertisements has been approved by the Supreme Court of New Jersey.

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