— It's the case of the waitresses vs. the casino.
Nine cocktail waitresses who say they were fired from the Resorts Casino Hotel in Atlantic City, N.J., because they could not fit into the new costumes the casino wanted them to wear have filed a lawsuit against the hotel.
Their attorney? Gloria Allred, the Los Angeles-based lawyer famed for her involvement in some high-profile cases, including the O.J. Simpson, Michael Jackson and Scott Peterson cases.
Allred announced the lawsuit at a news conference Tuesday in front of the casino. The nine cocktail waitresses, ranging in age from 39 to 66, say they were fired back in March because they were too old to wear the new, 1920s flapper-styled costumes.
"I feel used," said Elsa Hernandez a 57-year-old grandmother and former cocktail server at the resort. "Like I've been thrown out like a piece of trash."
Allred claims that the casino fired the women because they did not meet uniform requirements and replaced the waitresses with younger women. The waitresses 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," said Allred at the news conference.
"Resorts is confident that it has acted in accordance with all legal requirements in its employment decisions," said Courtney Birmingham, a Resorts spokesperson.
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 backpay, lost wages, damages for pain and suffering and punitive damage. And they want their jobs back.
"I didn't deserve this," said former cocktail server Margie DePamphilis. "I was a great waitress."