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U.S. Court Backs Firing Of Waitress Without Makeup

SAN FRANCISCO -- As reported by Reuters: "A female bartender who refused to wear makeup at a Reno, Nevada, casino was not unfairly dismissed from her job, a U.S. federal appeals court ruled on Tuesday.

"Darlene Jespersen, who had worked for nearly 20 years at a Harrah's Entertainment Inc casino bar in Reno, Nevada, objected to the company's revised policy that required female bartenders, but not men, to wear makeup.

"...In a 2-1 decision, a three-judge panel of the U.S. 9th Circuit Court of Appeals upheld a lower court ruling in favor of Harrah's.

"'We have previously held that grooming and appearance standards that apply differently to women and men do not constitute discrimination on the basis of sex,' Judge Wallace Tashima wrote for the majority.

"...In a dissenting opinion, Judge Sidney Thomas backed the reasoning of the plaintiff. 'Harrah's fired Jespersen because of her failure to confirm to sex stereotypes, which is discrimination based on sex and is therefore impermissible under Title VII,' he wrote..."

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