A trial court judge recently held that Borgata Casino’s “Borgata Babes” program—its employment of scantily-clad, attractive casino servers who were required to watch their weight—did not run afoul of the New Jersey Law Against Discrimination (NJLAD). In Schiavo, et al. v. Marina District Development Company, LLC, No. ATL-L-2833-08, 2013 WL 4105183 (Law Div. July 18, 2013), 22 female plaintiffs claimed that they were subject to gender discrimination because they were forced to work in an atmosphere of sexual objectification, and could be discharged if they gained more than 7 percent of their weight at the time of hire. In granting summary judgment, the trial court relied on a rarely interpreted section of the NJLAD, which permits employers to establish reasonable workplace appearance, grooming, and dress standards. The court held that the plaintiffs were aware of and voluntarily accepted the terms of their employment at the time of their hiring (including the weight requirement, which had an exemption for disability-related weight gain), the program was reasonable in terms of the industry’s mores and practices, and there was no evidence that the weight and appearance requirements were disparately enforced based on gender.
On July 15, 2015, in an action that sought to confront a number of the U.S. legal immigration system’s lingering problems, the White House issued a report entitled “Modernizing & Streamlining Our Legal Immigration System for the 21st Century.” The White House issued the report following the series of executive actions, known as the “Immigration Accountability Executive Actions,” that President Barack Obama issued in November of 2014 in an effort to reform the U.S. immigration system.
As the U.S. Supreme Court has recognized, Title VII of the Civil Rights Act of 1964 is intended to “strike at the entire spectrum of disparate treatment of men and women resulting from sex stereotyping.” Recently, a federal court in Virginia refused to dismiss the claim of a male employee…..
Phoenix City Council Votes in Favor of Expansion of Anti-Discrimination Ordinance to Include Gay, Lesbian, Bisexual, and Transgendered Residents
On February 26, 2013, by a vote of 5 to 3, the Phoenix City Council approved a proposal to expand the Phoenix City Code’s anti-discrimination ordinance to more broadly prohibit discrimination against gay, lesbian, bisexual, and transgendered residents. The amendments to Chapter 18 of the Code add the terms “sexual orientation” and “gender identity or expression” to the Code sections currently prohibiting discrimination in employment, public accommodations, housing, and certain contracts with the City.