New Jersey’s highest court won’t hear the so-called “Borgata Babes” case, which involved a group of women challenging the casino’s policy of regulating their weight.

By not taking up the case, the state’s Supreme Court affirmed an appeals court ruling in September that said such a policy was lawful. According to the Associated Press, the city’s top grossing casino has fired two Borgata Babes over the years for gaining or losing more than seven percent of their body weight.

A group of 21 current and former cocktail waitresses sued the casino back in 2013 over the existence and enforcement of weight requirements, saying that they created a hostile work environment. They said they were harassed about their appearances.

“We are pleased that the Supreme Court saw no reason to review previous rulings that Borgata’s personal appearance policy is lawful and non-discriminatory to women,” the casino’s attorney said in a statement. “These rulings are a significant victory for us, and affirm our longstanding belief that our policy is fair.”

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