In 2005, Atlantic City hotel and casino Borgata issued a controversial policy involving its servers, known as the Borgata Babes.

If your appearance changes too much, you’re fired.

Borgata’s policy specifically bars any cocktail server from gaining or losing 7% of their body weight – and not losing/regaining it within a few month period. Violation of this rule can result in termination.

In 2013, a New Jersey court ruled that the casino can in fact fire its Borgata Babes for putting on a few extra pounds. The ruling came after 22 former Babes took legal action against the company. They claimed that they were told to take laxatives before mandatory weigh-ins and told to stop taking medications that cause weight gain, according to the lawsuit.

Now, an appeals court has upheld the ruling.

“This is a significant victory for Borgata,” said Joe Corbo, Borgata’s vice president and legal counsel. “We have long held that Borgata’s personal appearance policy is fair and reasonable. We are pleased that the three appellate court judges agreed with prior rulings that our policy is lawful and non-discriminatory to women. As the court noted in its ruling, Borgata’s policy was fully and openly disclosed to all costumed beverage servers, male and female, and all of the litigants voluntarily accepted this policy before they began working for us.”

The decision stated that while Borgata’s policy is legal, the lawsuit should be returned to a lower court so that it can be determined whether or not the plaintiffs were treated fairly in the commission of said policy.

As you can see, the Borgata Babes are an integral part of the company’s marketing strategy:

According to Borgata, only two servers have ever been fired pursuant to the policy.