An employer’s dress and grooming policy that has different requirements for men and women may be challenged if the requirements for one sex are based on stereotypes, or can be shown to be more burdensome for one sex than for the other, according to the 9^th U.S. Circuit Court of Appeals.

Darlene Jespersen had been employed as a bartender for Harrah’s for 20 years. She had received consistently outstanding performance evaluations from her supervisors and customers. When Harrah’s published a new policy manual that included a section called “Beverage Department Image Transformation,” Jespersen expressed her dissatisfaction. According to the manual, male and female employees needed to wear the same uniform and were limited to tasteful jewelry. Separate requirements for each gender were also listed. Men could not wear makeup, and were required to keep their hair and fingernails trimmed. Women’s requirements were more extensive and included specifics about stockings and fingernails. Women were also required to wear lipstick, blush, face powder, and mascara. Jespersen refused to wear makeup because she finds cosmetics demeaning and she subsequently lost her job.

Claiming that the makeup policy was discriminatory, Jespersen filed a sex discrimination lawsuit. The 9^th Circuit Court held that dress and grooming policies could be challenged for sex stereotyping, for example, if the dress requirements treated women as sex objects.

Ultimately, though, the court dismissed Jespersen’s claim because there was not enough evidence that the policy was fueled by gender stereotyping. The lesson from the case for employers is that grooming policies should be flexible and enforceable without having to resort to termination.