Quimbee logo
DMCA.com Protection Status

Jacqueline Schiavo, et al. v. Marina District Development Co.

442 N.J. Super. 346 (2015)

Case BriefRelatedOptions
From our private database of 28,700+ case briefs...

Jacqueline Schiavo, et al. v. Marina District Development Co.

New Jersey Superior Court, Appellate Division

442 N.J. Super. 346 (2015)

Facts

The Marina District Development Co. (Marina) (defendant) operated as the Borgata Casino in Atlantic City, New Jersey. Marina decided to create a specialized group of male and female costumed beverage servers called BorgataBabes (BBs) to work in the casino. The stated purpose of the BBs was to differentiate the casino and promote the image of a fun, upscale, sensual, and international business. The BBs contractually agreed to follow strict personal-appearance standards (the PAS) that required physical fitness; weight proportionate to height; and a clean, healthy smile. Marina clarified the PAS to require that the BBs maintain approximately the same weight as when they were hired. Marina suspended 25 female BBs and zero male BBs during the years the weight standard was in effect. Marina targeted and harassed female BBs who returned from maternity and medical leaves with immediate enforcement of the weight standard. Jacqueline Schiavo and other female BBs subjected to the weight standard (plaintiffs) filed a consolidated action to challenge the PAS and Marina’s enforcement of the weight standard. The female BBs claimed gender stereotyping, sexual-harassment hostile work environment, disparate treatment based on sex, and disparate impact based on sex, all in violation of the New Jersey Law Against Discrimination (LAD), as informed by Title VII of the Civil Rights Act of 1964. Marina moved for summary-judgment dismissal of all of the claims. The motion judge found that the weight standard was reasonable in the casino industry. The judge granted Marina’s motion for summary-judgment dismissal of all the claims.

Rule of Law

Issue

Holding and Reasoning (Lihotz, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 546,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 546,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,700 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership