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 required severs to:
| 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. |
Unwilling to adhere to the "Personal Best" make-up requirement--testifying that wearing such make-
up conflicted with her self-image--Ms. Jespersen left Harrah's and filed a Title VII action based on workplace discrimination.
Title VII
Title VII is one aspect of the Civil Rights Act of 1964, first introduced by President John F. Kennedy to
promote equal treatment of all Americans. The Act specifically outlawed segregation in both businesses and public spaces as well as prohibited discriminatory practices in the workplace. With regard to the workplace, Title VII makes it illegal to "fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual . . . because of such individuals's race, color, religion, sex, or national origin."
Legal Proceedings
Ms. Jespersen
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