Tuesday, July 30, 2013

Fired over weighted employees

Some ladies working at a casino were fired because of putting on too much weight. The Atlantic County Superior Court has decided that the dismissal was legal.

HUFF POST BUSINESS: Borgata Babes Lose Lawsuit: Waitresses Can Be Fired For Gaining Weight, Judge Rules

Indeed, the female workers being employed by the Borgata Hotel Casino & Spa had accepted the casino policy that gaining more than 7 % of original weight may be a reason for dismissal.
They are called "Borgata Babes", which express their role well as a sex symbol.

The dismissed workers claimed that they were discriminated for their weight. But the court did not approve their allegation. According to the court, the Borgata Babe program had a sufficient level of trapping and adornments to render its participants akin to "sex objects" to the Borgata's patrons.

In a legal context, a contract between the employer and employees based on their free will of them should be respected. However, illegal contract is no more effective. So, whether a regulation about the weight is legal or not is the point of argument.

I support the decision of the Superior Court. Actually, I do not like the opinion to deal with some female workers as sex objects. Nonetheless, I think the regulation about body weight is not so odd or discriminating. There are lots of regulations about body weight in society.
The Babes must have recognized the character of this regulation. If they had felt discriminated, they would have not accepted the contract. Or they were tricked?

By the way, I think that the court should not have mentioned the character of Borgata Babes using the word "sex object". It will ignite an outrage of some activists to cause extensive arguments about gender discrimination. I think the matter of fair contract should be distinguished from human right.

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