An appeals panel has upheld the Borgata casino's policy of regulating how much its cocktail waitresses can weigh.
In a ruling issued Thursday, the court said the casino's personal appearance standards are lawful.
But it also said part of a lawsuit brought by 21 servers should be returned to a lower court to determine if the women were subjected to a hostile work environment regarding how casino managers enforced those standards.
The casino says it's pleased that its policy was upheld, noting it was disclosed and agreed to by all female and male "costumed beverage servers" when they were hired.
The ruling overturned part of a 2013 lower court decision throwing out the lawsuit by former and current cocktail servers.