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Court Backs Firing of Waitress Without Makeup
Reuters ^ | 12/29/04

Posted on 12/29/2004 8:39:47 AM PST by freespirited

SAN FRANCISCO (Reuters) - A female bartender who refused to wear makeup at a Reno, Nevada, casino was not unfairly dismissed from her job, a U.S. federal appeals court ruled on Tuesday.

Darlene Jespersen, who had worked for nearly 20 years at a Harrah's Entertainment Inc casino bar in Reno, Nevada, objected to the company's revised policy that required female bartenders, but not men, to wear makeup.

A previously much-praised employee, Jespersen was fired in 2000 after the firm instituted a "Beverage Department Image Transformation" program and she sued, alleging sex discrimination.

In a 2-1 decision, a three-judge panel of the U.S. 9th Circuit Court of Appeals upheld a lower court ruling in favor of Harrah's. All three judges are males appointed by Democratic presidents.

"We have previously held that grooming and appearance standards that apply differently to women and men do not constitute discrimination on the basis of sex," Judge Wallace Tashima wrote for the majority.

He cited the precedent of a 1974 case in which the court ruled that a company can require men to have short hair but allow long hair on women.

The Lambda Legal Defense Fund, a gay rights group that backed Jespersen's suit, had argued that forcing female employees to have different standards than men was unlawful under rules, known as Title VII, against discrimination on race, color, religion, sex or national origin.

The ruling found, however, that the casino's appearance standards were no more burdensome for women than for men.

In a dissenting opinion, Judge Sidney Thomas backed the reasoning of the plaintiff. "Harrah's fired Jespersen because of her failure to confirm to sex stereotypes, which is discrimination based on sex and is therefore impermissible under Title VII," he wrote.

"The distinction created by the majority opinion leaves men and women in services industries, who are more likely to be subject to policies like the Harrah's 'Personal Best' policy, without the protection that white-collar professionals receive," he wrote.


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: 9thcircuit; dieseldyke; harrahs; largemarge; makeup; notamilf; sexdiscrimation; sexdiscrimination; waitress; workplace; yikes
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Note. Two Dems of 9th circuit said this.
1 posted on 12/29/2004 8:39:47 AM PST by freespirited
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To: freespirited
The Lambda Legal Defense Fund, a gay rights group that backed Jespersen's suit,

Figures

2 posted on 12/29/2004 8:41:26 AM PST by 1Old Pro
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To: freespirited
Thank you for not posting her picture so close to lunch time.


3 posted on 12/29/2004 8:41:58 AM PST by darkwing104 (Let's get dangerous)
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To: freespirited

Hey, any gall who has been serving cocktails in the smoky Reno casinos for 20 years probably needs more than a little makeup. Any pics available??


4 posted on 12/29/2004 8:42:22 AM PST by pissant
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To: freespirited

Can women write off the cost of makeup if the job requires it?


5 posted on 12/29/2004 8:43:37 AM PST by joesnuffy (Moderate Islam Is For Dilettantes)
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To: freespirited
The Lambda Legal Defense Fund, a gay rights group that backed Jespersen's suit

Now there's a real shocker.... NOT

6 posted on 12/29/2004 8:44:07 AM PST by HamiltonJay
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To: freespirited

It is absurd that this case ever made it into court. Employers cannot hire and fire other Americans as they see fit? The government must approve of it? I'm glad that the judicial system was so gracious on this occasion.


7 posted on 12/29/2004 8:44:21 AM PST by Voice in your head ("The secret of Happiness is Freedom, and the secret of Freedom, Courage." - Thucydides)
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To: freespirited

If I was a cocktail waitress I'd want to look my best. More TIPS!!!


8 posted on 12/29/2004 8:44:53 AM PST by cyborg (http://mentalmumblings.blogspot.com/)
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To: darkwing104

lol... strange days. me thinks she should be able to work w/o make up... however, she MUST be clothed.


9 posted on 12/29/2004 8:45:14 AM PST by bedolido (I can forgive you for killing my sons, but I cannot forgive you for forcing me to kill your sons)
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To: freespirited

Companies should be able to hire/fire based on their preferences. That is the benefit of being privately owned. Forcing them to keep this employee on their payroll when she is not conforming to their standards would be just as bad as being forced to hire someone who did not portray the image that they wanted (ie visible piercings/tattoos/strange hair colors, etc.).


10 posted on 12/29/2004 8:46:30 AM PST by Conservative Me
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To: freespirited
Dem-wits.

Sounds more like Harrah's wanted her out but couldn't do it on age or other discrimination tactics so their lawyers imposed a new makeup rule.
11 posted on 12/29/2004 8:46:53 AM PST by mtbopfuyn
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To: cyborg

"If I was a cocktail waitress I'd want to look my best. More TIPS!!!"

Well, she was a bartender, not a cocktail waitress. Reading is fundamental.


12 posted on 12/29/2004 8:47:22 AM PST by MineralMan (godless atheist)
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To: freespirited
A ruling like this - from the 9th Circus, no less - holds out hope that the federal courts won't try to push same-sex "marriage" on the country. They seem to know the score right now.
13 posted on 12/29/2004 8:49:20 AM PST by inquest (Now is the time to remove the leftist influence from the GOP. "Unity" can wait.)
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To: MineralMan

The title said waitress. I can read, and no doubt you've NEVER EVER made a mistake right? I thought so. If a woman wants more tips she has to look good so my statement still stands.


14 posted on 12/29/2004 8:49:53 AM PST by cyborg (http://mentalmumblings.blogspot.com/)
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To: freespirited
I guess I'm on her side with this one. If she worked there for all those years without incident or makeup why should she be forced to wear it now?

I suppose it is the same as enforcing a dress code for employees and I think employers should be able to enforce that.

It's just too bad that a (as far as we know) good employee is lost over this.

15 posted on 12/29/2004 8:50:23 AM PST by Damifino (The true measure of a man is found in what he would do if he knew no one would ever find out.)
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To: freespirited

The fact that the courts think they can determine a company's ways of hiring and firing is the bottom line here.


16 posted on 12/29/2004 8:50:59 AM PST by SiliconValleyGuy
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To: freespirited
Was she that ugly to begin with?
17 posted on 12/29/2004 8:51:02 AM PST by mhking
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To: Conservative Me
Companies should be able to hire/fire based on their preferences. That is the benefit of being privately owned.

Private ownership means squat when it comes to affirmative action.

18 posted on 12/29/2004 8:51:19 AM PST by A Ruckus of Dogs
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To: MineralMan

Yes, the article states that she was a bartender........however......................check out the title. Waitress. Confusing.


19 posted on 12/29/2004 8:51:20 AM PST by EggsAckley (..............blog pimping is impolite..................)
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To: freespirited
And here she is:


20 posted on 12/29/2004 8:51:48 AM PST by MineralMan (godless atheist)
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