In a class by themselves: the legal status of employee appearance policies under title VII after Jespersen v. Harrah's Operating Co

This article discusses the status of appearance rules under Title VII after Jespersen v. Harrah's Operating Co court case. It examines how societal attitudes toward the use of makeup have evolved and how employers use it to screen women into and out of the workplace. Although the Jespersen court gave lip service to the idea that a grooming rule could be voided under the unequal burden and sex stereotyping theories of sex discrimination, the manner in which it decided the case makes it clear that claimants will have a tough row to hoe under either theory. Regarding the stereotyping theory, the court had ample grounds for voiding the makeup rule, for Harrah's obviously wanted to make female bartenders conform to a stereotypical view of how attractive beverage servers should look.