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JESPERSEN v. HARRAH'S OPERATING CO., INC.

No. 03-15045.

392 F.3d 1076 (2004)

Darlene JESPERSEN, Plaintiff-Appellant, v. HARRAH'S OPERATING COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2004.

Attorney(s) appearing for the Case

Jennifer C. Pizer, Lambda Legal Defense & Education Fund, Inc., Los Angeles, CA, for the plaintiff-appellant.

Veronica Arechederra Hall, Littler Mendelson, Las Vegas, NV, for the defendant-appellee.

Allen Lichtenstein, American Civil Liberties Union of Nevada, Las Vegas, NV, for amici curiae American Civil Liberties Union of Nevada, Northwest Women's Law Center, California Women's Law Center, and The Gender Public Advocacy Coalition.

Jeffrey W. Erdman, Bennett & Erdman, Los Angeles, CA, for amici curiae National Employment Lawyers Association, Alliance for Workers' Rights, and The Legal Aid Society — Employment Law Center.

Joseph E. Schuler, Littler Mendelson, Washington, D.C., for amici curiae Council for Employment Law Equity, American Hotel & Lodging Association, and California Hotel & Lodging Association.

Before: TASHIMA, THOMAS, and SILVERMAN, Circuit Judges.

TASHIMA, Circuit Judge:

Plaintiff Darlene Jespersen, a bartender at Harrah's Casino in Reno, Nevada, brought this Title VII action alleging that her employer's policy requiring that certain female employees wear makeup discriminates against her on the basis of sex. The district court granted summary judgment for Harrah's, holding that its policy did not constitute sex discrimination because it imposed equal burdens on both...

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