Did Harrah’s requirement that women wear makeup violate Title VII?

Darlene Jespersen was a bartender at the sports bar in Harrah’s Casino in Reno, Nevada. She was an outstanding employee, frequently praised by both her supervisors and customers.

When Jespersen first went to work for Harrah’s, female bartenders were encouraged, but not required, to wear makeup. Jespersen tried it for a short period of time, but she did not like it. Moreover, she felt that wearing makeup interfered with her ability to deal with unruly, intoxicated guests because it “took away [her] credibility as an individual and as a person.”

After Jespersen had been at Harrah’s for almost 20 years, the casino implemented a program that required bartenders to be “well groomed, appealing to the eye.” More explicitly, for men:

Hair must not extend below top of shirt collar.

Ponytails are prohibited.

Hands and fingernails must be clean and nails neatly trimmed at all times.

No colored polish is permitted.

Eye and facial makeup is not permitted.

Shoes will be solid black leather or leather type with rubber (non-skid) soles.

The rules for women were:

Hair must be teased, curled, or styled. Hair must be worn down at all times, no exceptions.

Nail polish can be clear, white, pink, or red color only. No exotic nail art or length.

Shoes will be solid black leather or leather type with rubber (non-skid) soles.

Makeup (foundation/ concealer and/or face powder, as well as blush and mascara) must be worn and applied neatly in complimentary colors, and lip color must be worn at all times.

An expert was brought in to show the employees (both male and female) how to dress. The workers were then photographed and told that they must look like the photographs every day at work.

When Jespersen refused to wear makeup, Harrah’s fired her. She sued under Title VII. The district court granted Harrah’s motion for summary judgment. Jespersen appealed.