Jespersen v. Harrah's Operation Company, Inc.
Background
The plaintiff, Darlene Jespersen, worked at Harrah's Casino in Reno, Nevada for
approximately twenty years as a bartender before being terminated for refusing to comply with a company grooming policy requiring her to wear make up. For the majority of Ms. Jespersen's tenure, the company had maintained an informal policy of encouraging female servers to wear make-up. However, in February 2001, that policy became mandatory when Harrah's instituted a "Beverage Department Image Transformation" program. Pursuant to the program was a group of new grooming and appearance standards, collectively referred to as the "Personal Best" program. Some of these standards, notably the standards for employee uniforms and shoes, were gender neutral in that they applied equally to both men in women. Yet, other standards, such as the make-up requirement (as was amended to the program in April of 2001) were sex-differentiated in that they applied unequally to women but not to men.
Beyond the general demand that servers be "well groomed, appealing to the eye, firm
and body toned," servers were also expected to adhere to certain specifically listed criteria, including the following:
| Males |
Females |
| Hair must not extend below top of shirt collar. Ponytails are prohibited. |
Hair must be teased, curled, or styled every day you work. Hair must be worn down at all times. No exceptions. |
| Hands and fingernails must be clean and nails neatly trimmed at all times. No colored polish is permitted |
Nail polish can be clear, white, or red color only. No exotic nail art or length. |
| Eye and facial make-up is not permitted. |
Make up (face power, blush and mascara) must be worn and applied neatly in complimentary colors. Lip color must be worn at all times. |
| Shoes will be solid black leather or leather type with rubber (no skid) soles. |
Shoes will be solid black leather or leather type with rubber (no skid) soles. |
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