AN APPEALS COURT IN NEW JERSEY HAS RULED THAT THE BORGATA
HOTEL CAN TELL ITS WAITRESSES HOW MUCH WEIGHT THEY CAN
LOSE AND HOW MUCH THEY CAN GAIN.
THIS IS BASED ON A LAWSUIT THAT WAS BROUGHT BECAUSE OF THE
FACT
THAT THEY HAVE A VERY STRICT POLICY WHEN IT COMES TO THE
BORGATA BABES.
THEY LET THEM KNOW THAT YOU ARE NOT SUPPOSED TO GAIN MORE
THAN SEVEN POUNDS OR LOSE MORE THAN SEVEN POUNDS AFTER YOU
GET HIRED.
A COURT SAID THAT THE BORGATA CASINO'S PERSONAL
APPEARANCE STANDARDS ARE LAWFUL.
BUT ALSO SAID PART OF THE LAWSUIT BROUGHT BY 21
SERVERS SHOULD BE RETURNED TO A LOWER COURT TO DETERMINE IF
11 OF THE WOMEN WERE SUBJECTED TO A HOSTILE WORK
ENVIRONMENT OVER ENFORCEMENT.
HERE IS WHAT BORGATA SAYS ABOUT THIS,
" WE HAVE LONG HELD THAT BORGATA'S PERSONAL APPEARANCE
POLICY IS FAIR AND REASONABLE.
WE ARE PLEASED THAT THE THREE APPELLATE COURT JUDGES
AGREED WITH PRIOR RULINGS THAT OUR POLICY IS LAWFUL AND
NONDISCRIMINATORY TO WOMEN."
"SERVERS HAVE BEEN SUBJECTED TO COMMENTS FROM SUPERVISORS
ASKING WHETHER THEY ARE PREGNANT OR JUST GETTING FAT, AND
COWORKERS SNORTING LIKE PIGS AT THEM."
THAT IS WHAT THE LAWYER REPRESENTING THE WOMEN IS
SAYING.
THAT HAS NOT BEEN PROVEN IN COURT.
THERE IS THE APPEARANCE RULE AND THERE IS THE WAY THEY
ENFORCE IT.
THE WAY THEY ENFORCE IT CAN BE SOMETHING THAT CONTRIBUTES
TO A HOSTILE WORK ENVIRONMENT.
BUT HOW DO YOU PROVE THAT?
NOW LET'S LOOK AT PICTURES OF WAITRESSES?
>> THERE YOU GO.
BORGATA BABES.
>> I AM SUPER CURIOUS AS TO WHAT YOU GUYS' OPINION IS.
>>WHICH ONE IS YOUR FAVORITE?
I'M SORRY.
WHAT AM I SUPPOSED TO SAY?
>> ITS THE YOUNG TURKS, YOU CAN SAY WHATEVER YOU WANT.
>> THEY ARE BEAUTIFUL.
>>THEY ARE BEAUTIFUL.
>>THEY ARE BABES, THE BORGATA BABES.
>>THERE ARE CERTAIN JOBS WHERE UNFORTUNATELY YOU HAVE TO
LOOK A CERTAIN WAY AND YOU NEED TO HAVE A CERTAIN
APPEARANCE IN ORDER TO BE DEEMED ACCEPTABLE IN THAT ENVIRONMENT.
FOR INSTANCE YOU ARE NOT GOING TO GET HIRED AT HOOTERS IF
YOU DON'T HAVE HOOTERS.
THAT IS THE WHOLE BUSINESS MODEL.
THE ENVIRONMENT THAT THEY ARE TRYING TO SET UP HERE IS
VERY SPECIFIC.
IT REALLY DEPENDS ON HOW THEY COMMUNICATE THIS TO THE WOMEN.
IF THEY ARE PURPOSELY BEING CRUEL TO THEM IN THE
PROCESS OF ENFORCING THE RULE, THEN I AM NOT OKAY WITH THAT.
THEY ALLEGEDLY SIGNED A CONTRACT INDICATING THAT THEY KNEW
ABOUT THIS AND THEY AGREED TO IT.
IF YOU SIGN THE CONTRACT, THEN YOU KNOW WHAT YOU'RE
GETTING YOURSELF INTO.
>>
THIS REMINDS ME OF CENKS LAWSUIT AGAINST THE CHIPPENDALE'S.
>> JUST BECAUSE I HAVE A 12
PACK INSTEAD OF A SIXPACK THEY ARE ALL OVER ME.
>> JACLYN, WHAT DO YOU THINK?
>> JUST OUT OF CURIOSITY I TAPED IN 120.
I WOULDN'T BE ABLE TO PERSONALLY GAIN OR LOSE 10 POUNDS.
I THINK THAT'S PRETTY STRICT.
BASED ON MY PERSONAL LIFE, I WEIGH LESS IN THE MORNING
THAN I DO AT NIGHT.
BUT IT FLUCTUATES QUITE A BIT FOR ME.
I WILL GET UP IN THE MORNING AND THERE MAY BE A FIVE POUND
DIFFERENCE BETWEEN MORNING AND NIGHT.
I WILL LOSE FOUR POUNDS OF EXTRA SPACE.
>> ARE YOU KIDDING ME?
I CAN GAIN NINE POUNDS IN A MEAL EASY.
>> THAT IS PRETTY INTENSE.
>> I AM HEAVIER IN THE MORNING UNTIL I SHIT.
>> OH, MY GOD.
>> YOU WANT TO BE CAREFUL WHEN YOU WEIGH IN ON THE
BORGATA SCALES.
I HEAR YOU.
YOU THINK THEY SHOULD BE ALLOWED ñ
>>TO A DEGREE I AGREE WITH WHAT YOU SAID.
IN CERTAIN PLACES THEY HAVE TO HAVE STANDARDS ON THE WAY
THEY LOOK.
THAT IS SOMETHING THAT IS ATTRACTING PEOPLE TO YOUR
BUSINESS.
BUT AT THE SAME TIME, I DO THINK THAT SEVEN PERCENT IS
VERY CRAZY.
>>WHAT WOULD YOU SET IT AT?
>> I DON'T KNOW.
BUT THAT AMOUNT OF WEIGHT ñ
>> BUT WHAT I ALSO WONDER ABOUT IS THAT A COMPANY IS NOT
ALLOWED TO FIRE A WOMAN IF SHE GETS PREGNANT.
WHAT HAPPENS IF YOU GET PREGNANT?
DO THEY FIRE YOU?
I DON'T KNOW HOW THEY DEAL WITH ALL THESE LEGAL ISSUES, BUT I
DO KNOW THAT IF THE COURT RULED THAT THIS WAS ILLEGAL, THEN THE
FASHION INDUSTRY WOULD BE IN A LOT OF TROUBLE BECAUSE ALL THEY
DO IS DISCRIMINATE ON WOMEN AND MEN BASED ON THE WAY THEY LOOK.
IT HAS TO DO WITH WEIGHT, HEIGHT, EVERYTHING.
>> I'VE OFTEN WONDERED THIS BECAUSE WE ALL WANT ñ
I WORK IN COMEDY CLUBS, THAT STUFF IS NONSTOP SEXUAL
HARASSMENT ON STAGE.
AT THEM SPECIFICALLY, BUT YOU CAN SAY IT IS A HOSTILE
WORK ENVIRONMENT.
IF THEY QUOTED STUFF THAT COMEDIANS SAY IT WOULD BE
LIKE OH MY GOD.
I'VE OFTEN WONDERED ABOUT THAT.
BUT WHAT ABOUT AT PLAYBOY MAGAZINE?
THERE WERE ALL THE STORIES IN THE 80S AND 90S
OF PEOPLE GETTING IN TROUBLE BECAUSE OF WHEN THEY HAD A NUDE
CALENDAR ON HIS DESK AND IT CREATED A HOSTILE
ENVIRONMENT FOR WOMEN, AND THEY WON THE LAWSUIT.
BUT WHAT ABOUT AT PLAYBOY MAGAZINE?
THAT IS THE WEIRD THING.
HOW DO YOU SAY THIS IS A REGULAR BUSINESS AND THIS IS A
SPECIAL BUSINESS WHERE YOU CAN BE SEXUALLY HARASSED?
>> THE LAWS ARE NUANCED.
YES, HOOTERS AND ALL THESE COMPANIES CAN HIRE YOU
BASED ON LOOKS.
BUT THEY COULDN'T BASED ON RELIGION.
SO THE WOMAN WON THE CASE AGAINST ABERCROMBIE AND
FITCH BECAUSE IT IS MY HIJAB.
IF THEY GET PREGNANT I'M SURE THEY WOULD BE PROTECTED.
IF THEY ARE NOT PREGNANT AND THEY JUST HAD ONE TOO MANY
CHEESEBURGERS, GONE.
>> LOOK, I DON'T BEGRUDGE THE WOMEN WHO WANT TO DO THIS.
AS LONG AS THEY KNOW WHAT THEY ARE GETTING THEMSELVES INTO.
I WILL SAY THAT THIS IS THE TYPE OF INFORMATION THAT TURNS
WOMEN LIKE ME FROM WORKING IN A PLACE LIKE THIS, RIGHT?
I COULDN'T DO IT.
MY WEIGHT FLUCTUATES TOO MUCH.
I DON'T WANT TO DEAL WITH THAT SHIT.
I ALSO DON'T WANT TO BE CALLED A BORGATA BABE.
>> ATLANTIC CITY IS NOT IN GREAT SHAPE ECONOMICALLY.
MY RULING ON IT IS YEAH THERE ARE CERTAIN JOBS WHERE THEY
WANT YOU TO LOOK A CERTAIN WAY.
IF YOU THINK NEWS ANCHOR ISN'T ONE OF THEM, YOU HAVEN'T
BEEN PAYING ATTENTION TO TV.
ON TV THEY WILL MAKE THAT DECISION LIKE THAT.
I GET IT, I THINK LEGALLY THEY SHOULD BE ALLOWED TO DO THAT.
DON'T BE THE GUY SNORTING LIKE A PIG.
DON'T DO THAT.
I KNOW, THEY GOT HIRED BECAUSE THEY ARE ATTRACTIVE.
THAT
DOESN'T MEAN YOU HAVE TO BE A PIG ABOUT IT.
CAN WE ALL BE
DECENT HUMAN BEINGS?