A federal appellate court has ruled that a woman can be fired for refusing to wear makeup or failing to tease or curl her hair.
Darlene Jespersen was rated as "highly effective" in her job as bartender for Harrah's Casino. But she failed to comply with the company's "Personal Best" policy saying female employees had to wear makeup--lipstick, mascara, blush and foundation--stockings and nail polish, and tease, curl or style their hair. Jespersen refused and was fired. She said makeup forced her to be feminine, interfering with her ability as a bartender to deal with unruly characters. The 9th U.S. Circuit Court of Appeals ruled that she provided no evidence to support her contention that the policy put more burden on women than men (she said cosmetics were costly and time-consuming to apply). Comments an advocate, "It's remarkable that we're still debating whether a woman can be required to wear makeup or tease her hair as a condition of employment. This ruling would be right at home in the 19th century."
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