Bartenders suing Bally’s Atlantic City Casino contend their Boardwalk Saloon employment criteria of riding a mechanical bull, choreographed dancing, preparing flaming cocktails, and social media ambassadorship discriminate based on age.
But New Jersey appeals court judges in a Thursday oral argument said senior workers might have had to apply for the positions despite these criteria to bring claims under New Jersey’s Law Against Discrimination.
“For us to determine if there is disparate impact on the plaintiffs you have to look at the applicant pool,” said Superior Court Appellate Division Judge Avis Bishop-Thompson.
“One plaintiff is 78 years old,” the workers’ ...
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