You Be the Judge Jespersen v. Harrah's 444 F.3d 1104 United States Court of Appeals for the Ninth Circuit, 2006 FACTS: 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.

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." Men had to have short hair and could not wear nail polish or makeup. Women had to have their hair "teased, curled, or styled" and were also required to wear makeup, which included foundation/concealer and/or face powder, as well as blush, mascara, and lip color. 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.

Jespersen tried wearing makeup but then refused to do so. She did not like the feel of it and also believed that this new appearance interfered with her ability to deal with unruly, intoxicated guests because it "took away [her] credibility as an individual and as a person."

After Harrah's fired Jespersen, she sued under Title VII. The district court granted Harrah's motion for summary judgment. Jespersen appealed.

YOU BE THE JUDGE: Did Harrah's requirement that women wear makeup violate Title VII?