A female bartender had worked at Harrahs Casino for 20 years. During that time, her job performance

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A female bartender had worked at Harrah’s Casino for 20 years. During that time, her job performance had consistently been rated as excellent. A “Beverage Department Image Transformation” program was implemented. Under the program, all beverage servers were to be “well-groomed, appealing to the eye, firm, and body toned.” Female beverage servers were required to wear stockings, use colored nail polish, and wear their hair “teased, curled, or styled.” Additionally, women were required to wear makeup. Male beverage servers were prohibited from wearing makeup or colored nail polish and required to maintain short haircuts and trimmed fingernails. The bartender specifically objected to the makeup requirement. She tried wearing makeup on the job once previously, but found that it made her feel like a sexual object and that it was more difficult to deal with unruly guests. Based on her refusal to comply with the makeup requirement, the bartender was terminated. What should the court decide?

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