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JUDICIAL UPDATES Ninth Circuit Upholds Appearance and Grooming Standards as Nondiscriminatory In Jespersen v. Harrah’s Operating Co., the Ninth Circuit Court of Appeals reaffirmed circuit law concerning personal grooming standards in the context of discrimination claims. The federal appellate court clarified the evolving law of “sex stereotyping” claims, holding that the casino’s requirement that female employees wear some makeup, while male employees were forbidden to wear makeup, did not impose an unequal burden on female employees. With respect to sex stereotyping, the court held that appearance standards, including makeup requirements, “may well be the subject of a Title VII claim for sexual stereotyping,” but there must be some evidence that the challenged policy is part of some company policy motivated by sex stereotyping. NEXT: Employer Is Liable for Injuries Resulting from Employee’s Implied Permissive Use of Company Car
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