JESPERSEN V. HARRAH'S OPERATING CO: NINTH CIRCUIT REJECTS TITLE VII SEX DISCRIMINATION CHALLENGE TO EMPLOYEE APPEARANCE POLICY

Believing that employers should be able to require employees to maintain a professional image, courts have generally taken a deferential approach to appearance policies, even those with sex-differentiated requirements. This article focuses on Darlene Jespersen v Harrah's Operating Co case. It reviews the legislative history of the inclusion of sex in Title VII and how the meaning of the word has changed since the law was enacted. To assert a valid Title VII claim of sex discrimination, a plaintiff must make out a prima facie case that an employment action was intentionally discriminatory or had a discriminatory effect based on sex. Title VII prohibits employers from discriminating against an employee or job applicant with respect to compensation, terms, conditions, or privileges of employment because of his or her sex. As for Jespersen's stereotyping theory, it should be noted that if Harrah's policy reflected stereotypical views concerning the female bartenders, the same appears to be true of the males.