Jespersen v. Harrah's Operation Company, Inc.
Factual 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 the company's grooming policy requiring her to wear make-up. While the Casino had maintained an informal grooming policy during the majority of Ms. Jespersen's career, it was not until February 2001 that this policy became mandatory. The grooming policy, referred to as the "Personal Best" program, was part of a larger initiative titled the "Beverage Department Image Transformation" program. Some of the "Personal Best" standards were sex-neutral in that they applied equally to both men and women, while others, most notably the make-up requirement (as was amended to the program in April 2001) were sex-differentiated in that they applied only to women.
Beyond the general expectation that serves be "well groomed, appealing to the eye, firm
and body toned," the "Personal Best" policy also named several requirements:
| 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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