Borgata casino can fire its cocktail waitresses for putting on too much weight, a court has ruled.

An appeals court Thursday in New Jersey upheld a lower court 2013 ruling allowing the Borgata Hotel Casino and Spa to mandate weight limits for servers known as “Borgata Babes.”

More than 20 women, whose uniform includes tight-fitting corsets, stockings and high heels – filed a lawsuit, arguing it only affected female employees. But a court in 2013 ruled that the policy did not discriminate against one gender, generally because it also applied to male “Babes” and the servers had signed an agreement requiring them to maintain an appearance standard as a condition of employment.

The appeals panel found that the lower court ruled appropriately in dismissing the discrimination claim based only on weight but said complaints from 11 servers who claimed they were sexually harassed after putting on weight due to pregnancy or illness should not have been dismissed.