Question: Discrimination Based on Gender. For twenty years, Darlene Jespersen worked as a bartender at Harrah's Casino in Reno, Nevada. In 2000, Harrah's implemented a "Personal Best" program that included new grooming standards. Among other requirements, women were told to wear makeup "applied neatly in complimentary colors." Jespersen, who never wore make-up off the job, felt so uncomfortable wearing it at work that it interfered with her ability to perform. Unwilling to wear make-up and not qualifying for another position at Harrah's that paid similar compensation, Jespersen quit the casino.
She filed a suit in a federal district court against Harrah's Operating Co., the casino's owner, alleging that the make-up policy discriminated against women in violation of Title VII of the Civil Rights Act of 1964. Harrah's argued that any burdens under the new program fell equally on both genders, citing the "Personal Best" short-hair standard that applied only to men. Jespersen responded by describing her personal reaction to the make-up policy and emphasizing her exemplary record during her tenure at Harrah's. In whose favor should the court rule? Why? [Jespersen v. Harrah's Operating Co., 444 F.3d 1104 (9th Cir. 2006)]