In an en banc rehearing, the 9th Circuit upheld a ruling that Harrah's Reno casino can force its female employees to wear makeup. At the core of the decision was whether the purchase and application of makeup requires female employees to spend more time and money than male employees had to spend under the casino's dress code for males. The panel decided the case on April 14.
Darlene Jespersen worked as a bartender for Harrah's. According to casino policy, all female bartenders must wear makeup. When she refused to wear make-up, the casino terminated Jespersen. She filed suit in district court and lost. On appeal, the 9th Circuit denied her claim, holding that she failed to establish that the appearance policy created a larger burden on women than men.