In a case brought by 22 cocktail waitresses, alleging weight discrimination and sex discrimination against Borgata Hotel Casino & Spa, a New Jersey judge in Atlantic City has ruled in favor of the casino. As reported in TIME U.S., the women claimed that they were subjected to weight and sex discrimination when they were required by the casino to be weighed frequently, and the casino suspended them if they gained more them 7% of their body weight from when they were hired. The waitress claimed that male employees at the casino where not treated the same.
In dismissing their case, the judge stated that the waitresses signed employment agreements that clearly stated the terms of their employment; among other things, that they would not gain in excess of 7% of their hire weight. The judge stated that since the waitress clearly knew to what they were agreeing, there was no “fraud, duress or coercion in connection with the plaintiffs’ hiring,” If this case occurred in New York, the Court may have decided it differently.
Sex or gender discrimination occurs whenever an employee or prospective employee is subject to different treatment due to their gender. An employer cannot stereotype you based on your gender or sex. Employers are required to treat men and women the same in all phases of the employment process regarding:
- Policies and practices
- Hiring
- Compensation
- Job training
- Layoffs
- Promotions
- Working conditions
- Benefits
- Other privileges
Often, the terms “sex” and “gender” are interchangeable. However, sex discrimination refers to discrimination based on an individual’s biological identity as male or female while gender discrimination refers to discrimination based on characteristics of an individual that are culturally associated with masculinity or femininity. Gender discrimination is one of the oldest and most prevalent forms of workplace discrimination. It is often subtle, but its impact is very serious.
If you believe that you are being discriminated against at work because of your sex or gender, you should protect your rights and consult an attorney.