Jespersen v. Harrah's Operating Company, Inc.
United States Court of Appeals for the Ninth Circuit (en banc)
444 F.3d 1104 (2006)
Darlene Jespersen (plaintiff) worked as a bartender for Harrah's (defendant) for 20 years before Harrah's adopted its "Personal Best" grooming program in 2000, which was largely gender-neutral (e.g., a standard uniform for both sexes) but was later amended to specifically require female employees to wear makeup. Jespersen sued, arguing the makeup requirement imposed an unequal burden of time and money on women and constituted per se sex discrimination requiring Harrah's to justify it as a bona fide occupational qualification. The district court granted Harrah's summary judgment, and Jespersen appealed.
Whether an employer's grooming standards that appropriately differentiate by gender are facially discriminatory under Title VII of the Civil Rights Act of 1964.