By Amy E. Feldman

PHILADELPHIA (CBS) – The Borgata Hotel and Casino in Atlantic City set off a firestorm of criticism when it implemented a policy “bar”ring fat servers from the bar.

Servers and bartenders, both male and female, who gain more than 7% of their body weight for any reason other than pregnancy or a medical condition – could be fired from the casino. The Borgata claims that people come there specifically to gawk at the servers, whom they argue are actually performers, so it wants to maintain a certain look for those “performers.”

Isn’t that discrimination? And, more importantly, could your boss do that?

After several years of legal wrangling, the court recently ruled against the Borgatta Babes, saying that it’s not illegal to discriminate on the basis of weight – and the Borgatta didn’t discriminate on the basis of gender, because all employees faced the same policy.

So what does this mean for the babes in your office? Can you be fired for gaining weight? Yeah, it’s not illegal. That said, your boss would be better served by keeping competent employees rather than just skinny ones.

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