Jottings By An Employer's Lawyer

Monday, March 14, 2005

While I Was Concentrating on the Public Health Danger of Smoking ..

I completely missed the fuss over a similar story brewing in Atlantic City over a decree that "Borgata Babes" not gain more than 10% weight, or face a 90 day unpaid suspension while they tried to sweat it off. Not sure how I missed this story, maybe I was distracted by the Weyco ban on smoking I reported on here.

In addition to the basic premise, the NYT story, Casino Aims to Keep Workers Slim, but Heavy Publicity Hasn't Hurt, talks about the publicity bonanza this has turned out to be for the Atlantic City casino. It just re-enforces the old saw, there is no such thing as bad publicity. As one who has to have one of the coolest jobs in America today is quoted:

Put it this way," said Robert J. Thompson, a professor of popular culture at Syracuse University. "Before this, I had never heard of the Borgata, and I had not heard of their babes."

Is is legal? Since they have a "valid medical reason" exemption, it is hard to see what the legal theory would be. But I am sure someone will be giving this a lot more thought than I am.

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