Court: It's OK to fire woman who wouldn't wear makeup

[Michael]

A female bartender who refused to wear makeup at a Reno casino was not unfairly dismissed from her job, a U.S. federal appeals court ruled Tuesday.

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

A previously much-praised employee, Jespersen was fired in 2000 after the firm instituted a "Beverage Department Image Transformation" program and she sued, alleging sex discrimination.


Full story...

http://www.usatoday.com/money/workplace/2004-12-28-makeup_x.htm

[FalafelsRule]

What a way to treat a dedicated employee who gave twenty years of service. :rolleyes:

A policy like that is basically saying that women look better with makeup on (at least that is what I perceive from that situation). Although that may be true in some cases, in others it is not. There is something very genuine, natural, and beautiful about women who choose not to wear any makeup. That is not to say that women who do wear makeup cannot be beautiful, either.

I do not think it is right for employers to police people’s personal choices like that. I equally dislike when I see employers have policies in place that limit the amount of piercing one has, or the length of ones beard, the color of ones hair, or, (insert stupid policy here).

[organica]

What superficial times we live in. :(
It's like feminism achieved nothing sometimes.

[Marie]

It was part of the dress code. How hard would it have been to follow it?

[organica]

The dress code was sexist. Why should she have been forced to follow it?

[Marie]

Because she was an employee. If she doesn't want to follow a dress code she can always open up her own business.

[organica]

Oh yes!! We all know how easy it is for waitresses/bartenders to open their own businesses!! :rolleyes:
Why not just offer a non-sexist workplace?

[Marie]

Why not spend 5 minutes a day following a dress code?

There are programs available for people who do want to start their own businesses. People come here from other countries with nothing and they start businesses. It's even easier now with the internet. (not that running a business is easy.. it's work, like anything else.)

[Michael]

I don't necessarily find anything wrong with the dress code but I do think they could have applied it to new hires only. Hard to believe they'd let someone go after 20 years for not wearing makeup. It's not like a uniform, if she doesn't want to wear makeup then I don't think she should be forced to.

[Marie]

Speaking as an ex-waitress, it's pretty insulting that you don't think waitresses and bartenders have the skills and abilities to start businesses.

[DannyTanner]

I agree with Marie, it's a dress code, and should be followed. Part of the business is trying to sell an image that people will like. It's ****ty she worked their 20 years though. Also, I'm not totally sure how wanting women to wear make up is sexist.

[Michael]

Also, I'm not totally sure how wanting women to wear make up is sexist.

They're forcing women to do something simply because they're women. To me that's sexist.

[Frost]

Yes but make-up is generally a legacy and tradition of females, so is it sexist..yes but its that way because of womankind in the first place.

I think its lame that they threw away 20 years of her service over something so trivial, however when something like this happens its usually just a way to get rid of someone they couldnt get rid of otherwise.

[Marie]

You could also say that it was lame for her to give up a job she held for 20 years over something so trivial.

[SeaSiren]

Yes but make-up is generally a legacy and tradition of females, so is it sexist..yes but its that way because of womankind in the first place.


Exactly. It could just as easily been "all men must wear a tie". Would they be screaming sexist then? Its just a dress code, she should have adheared to the change. Although, I do not agree with the company and think they have suffered a big loss by losing a long time employee.

[DannyTanner]

They're forcing women to do something simply because they're women. To me that's sexist.

Perhaps they're not making the men do it because they'd look silly.

[renaissancesun]

I think it was within the companies rights, but I think they were idiots for making such a big deal over it and losing a 20 year employee.

For about 10 years, I could not find any foundation that did not make my skin break out horribly (like cysts, not "pimples"). I guess I would have lost my job too.

[renaissancesun]

Perhaps they're not making the men do it because they'd look silly.

I think some women and some men could probably benefit from some make-up. It seems strange to me that only women, rock-stars and drag queens are allowed and only women are expected to wear it.

[veggiesrule]

I think it's horrible that a company would demand that any employee wear make-up...unless it is directly related to the job function (i.e., a clown). It's ridiculous.

[veggiesrule]

They're forcing women to do something simply because they're women. To me that's sexist.

Exactly!

[TofurkyZombie]

It's really dumb that just women have to wear makeup. A lot of men out there would benefit from some well done eyeliner, some eyebrow control and maybe even a bit of mascara. I know I've done makeup on my guy friends and they always look a lot nicer afterwards than they did before. If it's gonna be a RULE then the men can take 5 mins to make themselves look sexier before work with some makeup too. :ymca:

[kristadb]

About the women only makeup thing....Men wearing makeup was once extremely popular. Also, all movie actors wear gobs of makeup. Some of the manliness men (by our standards) wear more makeup on a bad day then I wear to the work Christmas party.

[DannyTanner]

<b> " A program required women to wear makeup and lipstick; male workers were forbidden to wear makeup, ponytails or hair below the top of their shirt collar under the policy.

In a 2-1 decision, a three-judge panel of the U.S. 9th Circuit Court of Appeals ruled that the casino company's requirement that male bartenders keep their hair short, nails trimmed and otherwise appear neatly groomed was roughly equivalent to grooming demands made of its female workers."</b>

I completly agree with the judges decision. It's a dress code and the employers want an image that reflects their business.

And while I don't know this for sure, I'm going to guess the majority of the public would look at a male wearing make up as silly, not sexy.

And before I get flamed, personally, I couldn't care less if the women serving me is wearing make up, or the guy has a long ponytail.

[bethanie]

I agree with Marie, it's a dress code, and should be followed. Part of the business is trying to sell an image that people will like. It's ****ty she worked their 20 years though. Also, I'm not totally sure how wanting women to wear make up is sexist.

Wow...you're not sure how wanting all women to wear make-up is sexist? I'm not sure how saying "All men are really stupid," is sexist...perhaps you could explain that to me.

This isn't a suitable dress code. What about women who have skin sensitivity or eye allergies...or simply believe other things are more important than their eye shadow color. Twenty years of work and everything this woman has worked for comes down to some blusher. If that is not the very definition of crazy, I don't know what is.

B

[bethanie]

And for the record, a woman can be completely well groomed and ready and suitable to do her job, whatever it is, without wearing make-up.

I personally wear a little most of the time, but don't personally feel it should be a requirement.

B