Hospitality Industry Legal Risks: Pennsylvania Casino Sued By Former Waitresses For Discrimination After Demotions For Becoming Pregnant; Violated "7% Body Weight Rule"

“…a rule remains that Parkettes and their male equivalents, Park Men, must not deviate more than 7 percent from their body weight when they were hired… these employees are considered entertainers because they participate in calendar and talent contests and make public appearances off-site. No other casino staffers are subject to the weight requirement…”

Two former cocktail waitresses have filed a federal lawsuit against Parx Casino, in Bensalem, Pa., claiming they were demoted when they became pregnant. Parx’s chief counsel said the casino’s policy has changed since the women filed complaints with the Equal Employment Opportunity Commission in 2009. The establishment now provides maternity versions of its skimpy uniforms to its cocktail waitresses, who are known as Parkettes.

Parkettes Alycia Campiglia, 27, and Christina Aicher, 31, who both became pregnant while working for the casino in 2008, claim that when they told managers they were pregnant, they were informed they could continue as Parkettes only until their costumes no longer fit, according to their lawsuit filed July 5.

Both women said they were offered transfers to the concession stand or players services, but they said they wouldn’t be able to earn tips. The EEOC determined in August 2009 that Parx had discriminated against pregnant cocktail servers.

“We changed the policy to say you can work (as a Parkette) if you’re pregnant,” said Thomas Bonner, Parx’s chief counsel and vice president. “We do have maternity costumes now.”

What hasn’t changed, though, is Parx’s strict weight limitations. Parkettes and Park Men are subject to periodic weigh-ins, and if they fail, they are subject to termination.

In 2006, cocktail waitresses at the Borgata Hotel Casino in Atlantic City filed a $70 million lawsuit against the casino for instituting a 7 percent weight-gain policy. The lawsuit was settled out of court in 2008 for terms that weren’t disclosed.

Last year, Resorts Casino in Atlantic City was hit with three lawsuits that are pending from veteran cocktail waitresses who claim that they were demoted or let go because they were too old or not sexy enough for the new flapper costumes.

For more:  http://www.thonline.com/news/national_world/article_e43a2ab7-1ca0-5a3d-8f10-7f9d0e2a561b.html

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