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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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To: All

On the surface, to some, this make look like a case of discrimination but in reality it isn't. I think the court was correct in it's decision based on the fact that men and women are indeed different and holding them to different apearence standards is well within the rights of a company. For instance, the long hair and short hair ruling. Companies can and should be able to set standards of dress and apearence for their employees,it is their company and if you don't like their rules quit your job.


101 posted on 12/29/2004 9:52:08 AM PST by calex59
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To: Petronski

I was thinking Aqua Velva®, or maybe Lectric Shave®.

Or Hi Karate, if they still make it.


102 posted on 12/29/2004 9:52:35 AM PST by pissant
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To: Skooz
Well, I could tell you a story..........about a concert in 1981......and a large bottle of Old Charter........and picking up some ladies........and waking up the next morning.........

The term "coyote ugly" was coined to describe mornings just like that. We've all got a few in our closet; hell, for others, we are the ones in the closet.

103 posted on 12/29/2004 9:52:35 AM PST by Hemingway's Ghost (Spirit of '75)
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To: freespirited
Let me see, what's really earth shattering today. This "makeup", "no makeup" tussle or the situation in South Asia. Hmmmmmmmm.

And certainly, no pun intended.

104 posted on 12/29/2004 9:53:34 AM PST by Oreo Kookey (How, indeed, do we click our tongues at beheadings and look the other way from abortion? I weep.)
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To: Hillary's Lovely Legs
Thanks. Maybe we should spread the word.

"Who IS that on the cover of your book?" LOL!

105 posted on 12/29/2004 9:53:41 AM PST by Quilla
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To: MineralMan

you are easy to please, my friend.


106 posted on 12/29/2004 9:55:26 AM PST by pissant
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To: Oreo Kookey

by golly, there is 75 posts on the tsunami. Have at 'em. Cheers.


107 posted on 12/29/2004 9:56:59 AM PST by pissant
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To: Quilla
Here we are all going to the commercial site at 6am in the limo.

The crew setting up the shoot. The woman in the white shirt is Leslie Blodgett, owner of Bare Minerals.


108 posted on 12/29/2004 9:59:07 AM PST by Hillary's Lovely Legs (Santa, Shmanta, just send an unlimited Black Amex Card and I am set.)
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To: Jay777

Maybe you just shouldn't start your own business!

Do you really want the government telling you how to run it?



109 posted on 12/29/2004 9:59:20 AM PST by Bigh4u2
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To: Hillary's Lovely Legs

OMG, I thought you were kidding! You really were a before and after model. That is fabulous.


110 posted on 12/29/2004 10:04:09 AM PST by Quilla
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To: Quilla

I may be a model for the company, but I don't get any discounts!!!!

I do swear by the makeup though, I don't use anything else.


111 posted on 12/29/2004 10:06:50 AM PST by Hillary's Lovely Legs (Santa, Shmanta, just send an unlimited Black Amex Card and I am set.)
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To: evad

I think a little gender verification is in order. Go ahead, you do it. I'll witness from a safe distance.


112 posted on 12/29/2004 10:13:35 AM PST by kylaka
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To: MineralMan
"....bad mullet..."

Department of Redundancy Department

113 posted on 12/29/2004 10:15:09 AM PST by muir_redwoods
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To: cyborg

................and we all like a cocktail waitress with tips.....................sorry!


114 posted on 12/29/2004 10:16:01 AM PST by bigsigh
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To: cyborg

Bartenders have tip jars too....so you were correct in assuming she'd get more tips no matter what side of the bar she was on.
Stupid men....the better a woman looks the more money they give? What losers they are. :p


115 posted on 12/29/2004 10:17:45 AM PST by zoobee
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To: Damifino
why should she be forced to wear it now?

Because the company changed the rules. They are allowed to do that.

116 posted on 12/29/2004 10:20:01 AM PST by krb (TANSTAAFB)
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To: MineralMan

Makeup would make no difference, honestly. They must have wanted to get rid of her because she's just butchy in general.


117 posted on 12/29/2004 10:20:02 AM PST by DaughterOfAnIwoJimaVet (Governor Rossi was robbed.)
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To: Hemingway's Ghost

Maybe if KISS's makeup person did a job on her it would be sufficient.


118 posted on 12/29/2004 10:24:56 AM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: justshutupandtakeit
Maybe if KISS's makeup person did a job on her it would be sufficient.

As it stands now, she could play "Geddy Lee" in any Rush tribute band.

119 posted on 12/29/2004 10:28:35 AM PST by Hemingway's Ghost (Spirit of '75)
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To: zoobee

LOL yep men giving pretty wimmin stuff has been going on since the biblical times.


120 posted on 12/29/2004 10:30:08 AM PST by cyborg (http://mentalmumblings.blogspot.com/)
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