Whether it is modern restaurant establishments like “Hooters” (and other similar chains) that rose to fame in the 1990s, or more vintage businesses like the Playboy Clubs of the 1960s, some businesses have offered visitors female employees dressed in tight and/or revealing uniforms for many decades.
Whether they are/were employing “Hooters Girls” or Playboy “Bunnies”, these kinds of employers are obviously seeking to create a certain atmosphere at their businesses. However, is there a point at which the rules imposed by this type of employer may constitute a form of illegal harassment or discrimination under New Jersey law? A recent ruling from the Appellate Division court indicates that the answer may be “yes.”
The recent case involved 21 women who worked as “Babes” at an Atlantic City casino and spa. At the casino, Babes, who worked as beverage servers, could be male or female. The program required all Babes to adhere to strict appearance standards. Male Babes were expected to have broad shoulders and a slim waist. Female Babes were required to maintain a “natural hourglass shape.”