In a recent decision by a California court, the court ruled that Darlene Jespersen, who worked for neraly 20 years as a bartender at Harrah’s casino in Reno, could not sue her employer for implementing grooming and appearance standards which required all female beverage service personnel to wear makeup (face powder, blush and mascara). Harrah’s also required women bartenders to wear their hair down at all times (no exceptions) and to have it teased, curled or styled. By comparison, male servers were prohibited from wearing makeup and colored nailpolish and were required to trim and clean their fingernails. Because Jesperson was unwilling to wear makeup (because it made her uncomfortable) and did not qualify for any other casino positions with comparable pay, she was effectively terminated. She then sued Harrah’s for sex discrimination. According to the court’s ruling, Harrah’s policy was not sex discrimination because grooming guidelines were implemented for both sexes..
I think this ruling is ridiculous! Women employees shouldn’t be forced to wear makeup or style their hair in any particular way. Whether you put powder on your face before going to work should be a personal choice! What if the employee had a skin condition which was aggravated by makeup? Let’s not forget about the time and cost associated with complying with the makeup requirement. One lipstick can cost as much as $20.00..let alone a whole makeup kit!
You make a good point. Circus performers and bartenders have much in common. The former are required to act like happy drunken fools and the latter are required to cater to the needs of happy drunken fools.
I also agree with the clow bit. The girl should have read their fine print.
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There was no fine print. Harrah's suddenly changed its policy after allowing her to work there without makeup for 20 yrs. I don't think that's fair at all.
I would have sued too. If they allowed her to go w/ out make-up for all those years, then suddenly say, "wear make-up or find another job." they had no right to fire her. I don't wear make up for several reasons. I wouldn't allow a job to force me too. she's not working at a strip club, why should she or any other female employee have to wear makeup. I think the judge was wrong in his ruling, makeup has nothing to do w/ being well groomed. i'm well groomed and don't wear makeup. I undrstand having the guys have clean finger nails. I wouldn't wan tsomeone w/ dirty nails serving me a drink, and all guys don't keep their nails clean.
if I was he, I would take it to a higher court.
if she had been working there for 20 years, then she would have built up a great job reputation and would have had no problem finding a new bartending job at a place where makeup was not a requirement. if it is part of the job description, then it is part of the job description, you don't like it~find a different job. simple.
just. laugh.
I agree. A lot of companies have appearance requirements. I worked in a place where we were required to wear makeup if we were wearing it when we interviewed. Their stance was that they were hiring a well-polished employee, not someone who didn't fix their hair, dress up, etc. It wasn't bad at all.
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