Donna Leonard, a sales manager for Rainbow Play Systems implemented a dress code that required men to purchase and wear denim shirts with the company logo on them and women to wear navy blazers over polo shirts. Leonard justified the need for the dress policy saying that women needed to “cover up their boobs” and “rear ends.” One saleswoman, Michelle Rohaly, was fired when she refused to purchase and wear a navy blazer.

Rohaly sued under Title VII and claimed that the dress code was discriminatory against women. The company argued that the dress code was not discriminatory because it required all employees to purchase specific types of clothing, and imposed financial burdens on all employees, regardless of sex.

The Washington State Court of Appeals ruled that Leonard’s sexist comments qualified as evidence that sex may have played a role in the decision to implement the dress code. The Court therefore ruled against the company, saying that the dress code policy constituted disparate treatment on the basis of sex.