Ninth Circuit Court Ruling on Employer's Grooming Standards
Posted by Alison L. Tsao
Topic: grooming standards based on gender.
The Ninth Circuit, in an en banc decision, affirmed a prior decision that found appearance standards, including makeup requirements, do not impose an unequal burden on women, and do not amount to sexual stereotyping or harassment under Title VII. Employers should, however, ensure that their grooming standards are reasonable. If different grooming standards apply to men versus women, the employer must demonstrate a legitimate business reason for doing so. Jespersen v. Harrah’s Operating Co., --F.3d --, 2006 WL 962538 (April 14, 2006).
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