By David Madden

KING OF PRUSSIA, Pa. (CBS) – Among those being sought for jobs at the soon-to-open Valley Forge Casino Resort are those classified as “model cocktail servers”. It’s a term that is open to some personal interpretation. But a legal expert says there’s nothing wrong with hiring someone based primarily on their appearance.

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Michael Trachtman

Attorney Michael Trachtman with the Powell Trachtman law firm in King of Prussia says federal law on the question is somewhat fluid.

“You can generally discriminate when you’re hiring on the basis of attractiveness. But you cannot discriminate on the basis of, for example, age or disability at the same time.”

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This applies to any class of people given legal protection. There’s now debate in Washington to include obese people as a protected class which could, in time, change all this.

Valley Forge Casino says applicants can decide for themselves if they fit the definition.

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“If you feel like you’ve got what it takes to be a model cocktail waitress, that’s great. Apply, please.”