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By: Christopher LoweRobert T. Szyba and Samuel Sverdlov. To maintain their appearance, the employees were given free Borgata spa and fitness center access, along with reimbursement for any outside gym memberships, nutritionists, and personal trainers. They were also provided an exclusive dressing room and additional paid time to change into costume and complete their grooming before their shifts. The Court also found that the plaintiffs could not sustain a claim of disparate treatment associated with PAS because they offered no admissible evidence to show that they were treated differently than the male Borgata Babes.

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In light of these factors, the Court held that the implementation of the PAS in was a discrete act of which the plaintiffs were aware, were a continuation of prior standards governing appearance, and no new policies were adopted thereafter. Subsequent enforcement of the PAS did not constitute a continuing violation.

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The hostile work environment claims were remanded to the Superior Court. This decision is of particular importance to employers with dress codes and appearance standards, providing a practical lesson on how such policies can be lawfully implemented, as well as a cautionary tale that a PAS does not give to create a hostile work environment based on appearance.

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As always, it is vital that policies relating to dress code and appearance be analyzed by counsel familiar with the nuances in this area of the law, with a focus on the terms of the policy itself, enforcement of the policy, as well as the interrelation of dress codes and appearance policies with reasonable accommodation policies and anti-harassment, anti-discrimination, and anti-retaliation policies. For additional information or any questions you may have, please feel free to contact Christopher Lowe clowe seyfarth. Szyba rszyba seyfarth.

Implications for Employers This decision is of particular importance to employers with dress codes and appearance standards, providing a practical lesson on how such policies can be lawfully implemented, as well as a cautionary tale that a PAS does not give to create a hostile work environment based on appearance.

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STATE OF NEW JERSEY, v. R.D.