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Ninth Circuit to Reconsider Appearance Policy Decision

Volume 4, Issue 4
May 23, 2005

On May 13, 2005, the Ninth Circuit Court of Appeals agreed to reconsider its prior ruling that Harrah's personal appearance policy, which included a requirement that certain female employees wear makeup, did not violate Title VII of the Civil Rights Act of 1964 because the policy imposed equal burdens on employees of both sexes. The case was brought by a female former bartender, Darlene Jespersen, who was terminated for refusing to wear makeup as required by Harrah's personal appearance standards. The Ninth Circuit's decision in Jespersen v. Harrah's Operating Co., 392 F.3d 1076 (9th Cir. 2004), may no longer be relied upon as precedent in courts of the Ninth Circuit. The Jespersen case was discussed in Volume 3, Issue 18 of the KZA Employer Report.

Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.