A New Jersey state appeals court delivered a split decision this week that allows the Borgata Casino in Atlantic City to reserve the right to fire cocktail waitresses based on physical appearance. According to a report from the Press of Atlantic City, the Borgata Babes still have some fighting to do against the casino.

The court ruled that the casino was allowed to continue to post and enforce personal appearance standards. 11 of the waitresses, however, will continue their suit over how the casino enforced these rules.

The Appellate Division decision overturned part of a ruling from the Superior Court in 2013, which dismissed a lawsuit by current and former waitresses that challenged the casino’s weight gain standards.

The judges said on Thursday that the casino was allowed to continue to enforce the rule, but some of the waitresses are carrying on in an attempt to frame the enforcement of the rule as sexual harassment.

The three judges in the case wrote a 57-page ruling that upheld 11 of the waitresses’ right to legally challenge the casino’s enforcement of the rules because of “documented medical conditions or post pregnancy conditions that could have resulted in weight gain.

The original casino rule stated that no new hire would be allowed to gain more than 7 percent of their original body weight without facing discipline. The 11 workers will continue their battle against what they feel are unfair employment guidelines.