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A New Jersey appeals court ruled Friday that the Borgata casino can fire its cocktail waitresses over their weight. “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 casino's vice president said. The court also ruled that some of the waitresses, whose weight gain is caused by medical conditions or pregnancy, may still be eligible to appeal whether the casino's weight rules were properly applied to them, or whether they were victims of gender discrimination.