California Labor &
Employment Law Blog

May. 8 2011

Ninth Circuit Court Ruling on Employer’s Grooming Standards

Topics: New Laws & Legislation

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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Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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