For twenty years, Darlene Jespersen worked as a bartender at Harrahs Casino in Reno, Nevada. In 2000,
Question:
For twenty years, Darlene Jespersen worked as a bartender at Harrah’s Casino in Reno, Nevada. In 2000, Harrah’s implemented a “Personal Best” program that included new grooming standards. Among other requirements, women were told to wear makeup “applied neatly in complimentary colors.” Jespersen, who never wore makeup off the job, felt so uncomfortable wearing it on the job that it interfered with her ability to perform. Unwilling to wear makeup and not qualifying for another position at Harrah’s with similar compensation, Jespersen quit the casino. She filed a suit in a federal district court against Harrah’s Operating Co., the casino’s owner, alleging that the makeup policy discriminated against women in violation of Title VII of the Civil Rights Act of 1964.Harrah’s argued that any burdens under the new program fell equally on both genders, citing the “Personal Best” short-hair standard that applied only to men. Jespersen responded by describing her personal reaction to the makeup policy and emphasizing her exemplary record during her tenure at Harrah’s. In whose favor should the court rule? Why?
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Business Law Text and Cases
ISBN: 978-0324655223
11th Edition
Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Gaylord A. Jentz, F