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Federal Appeals Court to Hear Arguments in Lambda Legal's Lawsuit Against Harrah's Casino for Sex Discrimination
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Advisory: Oral arguments set for June 22 at 2:30 p.m. in San Francisco
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(San Francisco, Tuesday, June 21, 2005) — In a rare reconsideration of a three-judge panel decision, a full panel of eleven judges of the Ninth Circuit U.S. Court of Appeals will rehear oral arguments in a sex discrimination case against Harrah's Casino. Darlene Jespersen, an exemplary employee of 20 years, was fired because she declined to conform to rigid sex stereotypes in Harrah’s mandatory makeup code.
Jespersen was fired from her position as a bartender at Harrah's Casino in Reno after failing to follow the company's new sex-stereotyped dress code. Harrah's new program, called "Personal Best," requires all women in the beverage department to wear full facial makeup, specified as foundation or powder, blush, mascara and lipstick at all times, applied in precisely the same way every day, to match a photograph. Men, on the other hand, simply are forbidden from wearing any makeup of any kind. Jespersen's work had been excellent for two full decades, with supervisors and customers alike praising her performance and loyalty to Harrah's.
In late 2002 a federal judge ruled against Jespersen. At the Ninth Circuit, a divided three- judge panel upheld that ruling in December 2004. Lambda Legal requested a re-hearing before the full court resulting in Wednesday's hearing.
Media availability immediately after the argument outside the courthouse at Seventh and Mission.
What: Ninth Circuit en banc oral arguments in sex discrimination case Jespersen v. Harrah's.
When: Wednesday, June 22 at 2:30 p.m.
Where: 95 Seventh Street, San Francisco
Who: Jennifer C. Pizer, Senior Counsel at Lambda Legal and lead attorney on the Ninth Circuit appeal. Darlene Jespersen, plaintiff in the case.
Jennifer C. Pizer, Lambda Legal Senior Counsel in the Western Regional Office in Los Angeles is handling the case. She is joined by co-counsel Ken McKenna in Reno.
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Contact: Lisa Hardaway, 212-809-8585 x266; cell: 402-369-2104 or Mark Roy, 212-809-8585 x267 Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education, and public policy work.
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