Court Backs Firing of Waitress Without Makeup

A female bartender who refused to wear makeup at a Reno, Nevada, casino was not unfairly dismissed from her job, a U.S. federal appeals court ruled on Tuesday.
Darlene Jespersen, who had worked for nearly 20 years at a Harrah's Entertainment Inc casino bar in Reno, Nevada, objected to the company's revised policy that required female bartenders, but not men, to wear makeup.

A previously much-praised employee, Jespersen was fired in 2000 after the firm instituted a "Beverage Department Image Transformation" program and she sued, alleging sex discrimination.

In a 2-1 decision, a three-judge panel of the U.S. 9th Circuit Court of Appeals upheld a lower court ruling in favor of Harrah's. All three judges are males appointed by Democratic presidents.

This from the 9th Circuit... you know, the one the Bushies want to break up for being too liberal. Reminds me a little of the "Switch in time that saved the Nine" back in the 1930s when Franklin Roosevelt thretened to expand the number of seats on the Supreme Court to try to stop the Court from invalidating the New Deal. Intimidation worked then, too.