Waitresses sue after being fired over new uniforms

10:27 AM, Jun 1, 2011   |    comments
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Allred represents nine cocktail waitresses who say they were fired back in March from the Atlantic City casino because they were too old to wear the new 1920s flapper-styled costumes.

"I feel used," Elsa Hernandez a 57-year-old grandmother and former cocktail server at the resort said. "Like I've been thrown out like a piece of trash."

The women ranged in age of 39 to 66.

Allred claims that the casino fired them because they did not meet uniform requirements and replaced them with younger women.

The women say they were humiliated during an audition in which they tried on costumes that were too small.

"The older plaintiffs were required to pose, bend, turn and move in ways that would emphasize body fat," Allred said.

In spite of the controversy, Resorts defended its decision.

"Resorts is confident that it has acted in accordance with all legal requirements in its employment decisions," Courtney Birmingham, a Resorts spokesperson, said.

The casino also claims that it gave the former cocktail servers hiring preference in other open positions, which some took advantage of and others did not.

The women are suing for back pay, lost wages, damages for pain and suffering and punitive damage.

Most importantly however, they want their jobs back.

"I didn't deserve this," former cocktail server Margie DePamphilis said. "I was a great waitress."

(Copyright © 2011 NBC Universal, All Rights Reserved)

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