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Employment Law 7

Employment Law 7 - EmploymentLaw7 00:06 Sexual...

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Employment Law 7 00:06 Sexual discrimination Violates: Title VII (federal), and NJLAD (state) Jespersen vs. Harrah’s (9 th circuit 2004) Facts: she’s an employee of harrah’s at a Sports bar there, she was a good bartender and people came there specifically to be waited on by her, during the 80s and 90s the casino encouraged them to wear makeup but they didn’t require it but she did try it, but she said it took away from her pride and made her feel sick, degraded, and ‘dolled up’ and she didn’t like that so she stopped wearing it, thought it would make her less effective as a bartender and Feb, 2000 a new policy was put into place “Personal Best Policy” they had to be dolled up to look their personal best in their uniform, common requirements, appealing to the eye, hygience, firm in body tone, and comfortable while maintaining this look while wearing the uniform Gender specific requirements Male: no ponytails, clean fingernails, no eye or facial makeup females: hair must be teased or styled everyday you work, hair must be worn down at all times, nail polish no exotic, no runs in stockings, two different requirements some for men and some for women, still not a problem for Jespersen-the photos were taken and put in her personnel file face and body shot and she had to meet their requirements They modified the policy to include all women must wear makeup, terminated because she refused to wear makeup Procedure: Title VII, went to the EEOC to file her charge, right to sue letter and goes to U.S.
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