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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: cyborg

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


unless its a dyke hangout, then she would need to highlight the cookie duster on her lip.


21 posted on 12/29/2004 8:51:51 AM PST by pissant
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To: MineralMan

I gotta go out on a limb here...In my opinion...if the girl didn't want to wear make-up she shouldn't have to. They shouldn't be able to fire someone based on that. They should only be able to fire her if she didn't do her job well. She had worked there for 20 years! Maybe her religion doesn't allow her to wear make-up? Maybe she is allergic to it? Maybe she thinks she is naturally beautiful? Whatever her reason...this ruling was ridiculous in my opinion.


22 posted on 12/29/2004 8:51:59 AM PST by Jay777
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To: pissant

LOL hehehe


23 posted on 12/29/2004 8:52:11 AM PST by cyborg (http://mentalmumblings.blogspot.com/)
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To: joesnuffy
Schedule A, line 20 would seem to cover that expense.
24 posted on 12/29/2004 8:52:34 AM PST by Redcloak ("FOUR MORE BEERS! FOUR MORE BEERS! FOUR MORE BEERS!" -Teresa Heinz Kerry)
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To: EggsAckley

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

Headlines are often confusing. That's why it's always a good idea to read at least the first sentence of the article. It can't be that hard.


25 posted on 12/29/2004 8:52:51 AM PST by MineralMan (godless atheist)
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To: MineralMan
My God! Helen Thomas has kids!


26 posted on 12/29/2004 8:52:56 AM PST by darkwing104 (Let's get dangerous)
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To: Conservative Me

They didn't have the policy for twenty years.


27 posted on 12/29/2004 8:53:00 AM PST by cyborg (http://mentalmumblings.blogspot.com/)
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To: freespirited
You all asked for it, whew,.........


28 posted on 12/29/2004 8:53:05 AM PST by johniegrad
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To: freespirited

HORRAY a defeat for ugly women!


29 posted on 12/29/2004 8:53:40 AM PST by longtermmemmory (VOTE!)
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To: Jay777

" gotta go out on a limb here...In my opinion...if the girl didn't want to wear make-up she shouldn't have to. "

I'd agree with you, but I suppose Harrah's can impose such rules if they want. Personally, I like women without makeup. But that's just my preference.


30 posted on 12/29/2004 8:54:08 AM PST by MineralMan (godless atheist)
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To: MineralMan

"And here she is"

Good f***in' grief. And a bad mullet to boot. Zoinks.


31 posted on 12/29/2004 8:54:50 AM PST by pissant
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To: johniegrad

Hah! Beat ya to it!


32 posted on 12/29/2004 8:54:51 AM PST by MineralMan (godless atheist)
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To: MineralMan
Personally, I like women without makeup.

In this case using make-up is like pissing in the ocean.

33 posted on 12/29/2004 8:55:13 AM PST by johniegrad
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To: freespirited
San Francisco?  Isn't this the same city where you can't fire a man for coming to work in a dress and makeup?
34 posted on 12/29/2004 8:55:35 AM PST by Psycho_Bunny (I know a great deal about the Middle East because Ive been raising Arabian horses" Patrick Swazey)
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To: pissant

"And a bad mullet to boot. Zoinks.
"

It occurs to me that makeup is not going to do a lot of good here. That's the trouble with this kind of rule on the job. She probably looks better without makeup than with it. Oh, well.


35 posted on 12/29/2004 8:56:07 AM PST by MineralMan (godless atheist)
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To: freespirited
"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.

This judge would prevent employers from banning their male waiters from wearing short skirts or dresses and a stuffed bra.

36 posted on 12/29/2004 8:56:14 AM PST by You Dirty Rats
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To: 1Old Pro

Any relationship to the Lamba Lamba Lamba fraternity of the Revenge of the Nerds?


37 posted on 12/29/2004 8:56:15 AM PST by Kurt_D
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To: MineralMan
Hah! Beat ya to it!

That's OK. The pic was bad enough to post twice.

38 posted on 12/29/2004 8:56:16 AM PST by johniegrad
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To: mhking
"Was she that ugly to begin with?"

Go get the sack, go get the sack!

39 posted on 12/29/2004 8:56:58 AM PST by albee (Those who desire peace should prepare for war.)
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To: MineralMan

MM,
I think this gal is right up your alley; no makeup, no perfume (maybe oldspice), no femininity.


40 posted on 12/29/2004 8:57:12 AM PST by pissant
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