Law360, New York ( October 23, 2015, 12:18 PM EDT) -- In 2003, the Borgata Hotel Casino & Spa began hiring "costumed beverage servers" known as "Borgata Babes." Borgata sought to have the Borgata Babes reflect "the fun, upscale, sensual, international image that is consistent with the Borgata brand." The casino's offer letter to potential Borgata Babes explained that they were required to abide by Borgata's personal appearance standard (the "PAS") to retain their positions. Men and women chosen as Borgata Babes contractually agreed to adhere to the PAS. Among other things, the PAS required the Borgata Babes to be "physically fit" with weight proportional to height. The PAS required female Borgata Babes to have a "natural hourglass shape," and male Borgata Babes to have a "natural 'V' shape with broad shoulders and a slim waist." The PAS also provided for other grooming and appearance guidelines, including makeup and facial hair maintenance....
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