I saw this article online today, and I have to ask.... Is this discrimination, or is it not a big deal?

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Judge rules Caesars discriminated against male bartenders
By DONALD WITTKOWSKI

Published: Wednesday, August 13, 2008
http://www.pressofatlanticcity.com/185/story/228020.html

Employees show off new uniforms at the opening of the Toga Bar at Caesars Atlantic City Casino Friday, May 28, 2004.

ATLANTIC CITY - The casting call went out for attractive women who would look good in revealing toga-style costumes and be as sexy as a Roman goddess.
The script included lines such as "I'm your Venus, goddess of love, giver of beauty. Drink my brew and you'll turn into a cutie." Another one was "I am Luna, goddess of the moon and night, although sometimes I work the day shift."

Not exactly Academy Award-winning dialogue, but the goddess roles were highly coveted by female bartenders who wanted lucrative jobs in the Toga Bar at the Roman-themed Caesars Atlantic City casino hotel.

However, a judge has ruled in a lawsuit filed in 2005 that Caesars discriminated against male bartenders who were allegedly passed over for Toga Bar positions in favor of younger, less experienced women.

"It clearly was discrimination under the Act," state Superior Court Judge Carol E. Higbee said of Caesars' violation of the New Jersey Law Against Discrimination in a 22-page opinion dated July 17 and released Tuesday.

Higbee's ruling sets the stage for a Sept. 29 trial to decide punitive and compensatory damages for 19 men who are part of the litigation. Another man may be added if he can prove he was denied a chance to audition for a job at the Toga Bar, according to Kevin M. Costello, a Cherry Hill attorney representing plaintiffs in the case.
In a related matter, another trial is scheduled on Sept. 8 for a woman who claims she was a victim of age discrimination in Caesars' hiring of young female bartenders, Costello said.

"I can't remember a case that is uniquely like this one," Costello said of all the discrimination lawsuits he has handled in his 16 years of practice.

Eileen Oakes-Muskett, an Atlantic City attorney representing Caesars, said the casino disputes the ruling and will aggressively defend itself as the case makes its way through the courts.

"It is a unique set of facts. But we just believe that she's gotten the legal facts in this case incorrect," Oakes-Muskett said of Higbee.

Caesars executives conceived of having women dress up as Roman goddesses while planning to open the Toga Bar, which made its debut in the middle of the casino floor in May 2004. The women were required to wear provocative toga costumes and elaborate makeup and had to stay "in character" while serving drinks.

Would-be goddesses had to audition for the job by modeling the costume and reciting scripted lines that would be used while interacting with customers. As the lawsuit unfolded, Caesars acknowledged that it wanted only attractive women to portray the goddesses, but denied it sought only "young" females.

Testimony in the case indicated that the Toga Bar goddesses were Caesars' answer to the sexy "Borgata Babes" cocktail servers at Borgata Hotel Casino & Spa. The goddesses were supposed to attract younger, free-spending men to Caesars.

But the all-female concept quickly drew objections from the labor union representing casino bartenders. In response to union grievances on behalf of male bartenders, Caesars agreed to add four men to portray two Roman gods - Bacchus, god of wine and Apollo, god of the sun.

The suit focused on whether Caesars refused to grant auditions for the god and goddess roles to bartenders who weren't young or attractive. One plaintiff claimed he wasn't hired because he was fat and bald.

The god and goddess theatrical concept was abandoned shortly after the Toga Bar opened, Higbee said in her ruling. Harrah's Entertainment Inc. bought out Caesars Entertainment Inc. and took control of the Caesars casino in June 2005. Now, bartenders are hired based on seniority.

Harrah's spokeswoman Alyce Parker declined to discuss the case, citing company policy not to comment on pending litigation. However, she did note that Toga Bar employees no longer wear costumes.

"They are all in the same white uniform," she said.

E-mail Donald Wittkowski: DWittkowski@pressofac.com