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Thank you so much -- all right so all bets are off and Atlantic City casino can now control how -- It's cocktail servers can do.
That's right and New Jersey judge rules that weaknesses of the -- got a hotel casino and spot.
Can be fired for gaining more than 7% of their regional body -- about the man.
Sounds like major discrimination -- it makes you wonder what other jobs are next four way ends.
Here to break it all down Fox News legal analyst Arthur I doubt welcome back to the show personally think is gonna stick and yeah I think so -- it depends on the actual contract -- corners of the of the paperwork but a lot of times like Bob and stewardesses.
They have weight requirement called flight attendants now that we let me just back you read it before you -- -- -- and Hawkins travel.
So light it analytical I don't know how else do I just try memorize the right words and used in the upper right out of Heathrow -- All right any lately sorry a name.
-- -- Nobody could get it very -- acts like other -- -- so they worry it started with them.
Yeah that's the big thing and then that's it that's federally regulated is the state by state of issue in this is particularly -- -- state court judge.
But David says in there in your contract is an employment agreement you can -- for the contract as a cocktail yes on the board got a hotel everyone who works there I'm confident even the guy who's clean it up at night.
Had some sort of -- into our rob -- -- big entity this isn't like a small farmers are doing so practically how do you think this would work coming to.
But it weighed them in on their first let me tell you -- -- Let me give -- -- practical example -- -- law practice.
If hypothetically my secretary gained more than 7% of -- body weight I was doing her job wonderfully.
No I cannot fire because of that even though where the state it will it.
A -- fire first something.
This you've got to think a message okay part of her thing.
But I can't say the reason why you're fired is because your fat.
Know even if you put that her contract you couldn't -- well that's a different story now there's a writing that somebody has agreed to.
And now -- breaching that agreements obviously into the circumstances here in New Jersey the judge found case law -- precedent where he can do it.
Do I think that this is something that judges like to do do I think that this is something that employers.
Want to do know that not too good because you're Justin is somebody that I am thinking that this could be extended -- and I'm thinking specifically of the woman who sits up or man.
-- -- it's up.
You don't act.
PR agency or wherever at a health club you know they have somebody sits up front and greets everyone.
A lot of times that person is hired based on their books and appeal could this extend to that type of job where at a -- -- which has.
It's pretty obvious that you're supposed to what are your job requirements is that -- -- you're getting drinks quickly without spilling them on your customers the other is that you look great doing it.
May be well so there -- other jobs where your primary job is one thing in your secondary job is looking great doing it I'm wondering if those people by the Y -- -- -- I don't think he could put even written contract you gotta look great doing it I do they need to put in a written contract.
That you must maintain a certain -- between this in this or within a certain percentage of your body weight but one at a front of a lot from could you put that her contract.
I would say no -- What -- because in essence hard job is to be competent our job is -- -- obviously a waitress it's well spilled a drink tenure at.
-- what I don't I -- OK so let me be forthright I didn't.
Get a copy of the judge's decision which I would love to be able to read and and delve into but I do know.
Britain based on case law -- on histories you cat that terminate someone's employment based on their -- If that is part of their agreement.
Let's talk about Nutrisystem who hires people to lose weight and look at a certain way if all of a sudden you -- that's -- stream example but it's an obvious example.
They're hiring you to be a spokesperson for weight loss and if you fall off the wagon so to speak.
Then they have a right to terminate your temperature and we -- Chelsea.
-- that would like the Biggest Loser and that loss Florida peninsula or for reading current events -- seem like Europe fact I think you're wonderful I want our money at 540.
That Monday don't say -- -- I don't I think he's -- actually got sorry yeah it's not a -- it's.
He can't see it stenographer anymore you have to -- court reporter and as an album -- and I are old I apologize here's dramatic question of.
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