Ninth Circuit Upholds Makeup Requirement

On April 14, 2006, the Ninth Circuit Court of Appeals issued its en banc opinion in Jespersen v. Harrah's Operating Co. , No. 03-15045 (9th Cir. Apr. 14, 2006), affirming the court's prior ruling that it was not unlawful gender-based discrimination for an employer to dismiss a female bartender for noncompliance with its dress and grooming standards that included a requirement that female bartenders wear makeup. The seven-four majority opinion affirmed the right of employers in the Ninth Circuit to enforce reasonable dress and grooming standards in the workplace.

Darlene Jespersen was a bartender at the sports bar in Harrah's Casino ("Harrah's") in Reno, Nevada, for nearly 20 years. She was an outstanding employee and was recognized by Jespersen's supervisors and the customers she served.