Rights Commission examining case of fired bartender who wouldn’t wear makeup

Martin Griffith

Thursday, Nov. 30, 2000 | 11:11 a.m.

RENO -- The Nevada Equal Rights Commission is investigating a discrimination complaint filed by a female bartender at a casino who was fired for refusing to wear makeup.

Darlene Jespersen, 45, filed the complaint against Harrah's Reno, owned by Harrah's Entertainment Inc. of Las Vegas, last month. Jespersen was fired in August after working 21 years for the resort.

Carlos Romo, the commission's assistant administrator, declined to comment.

Jespersen said a commission compliance investigator held an informal settlement meeting with her and a Harrah's lawyer last week trying to resolve the dispute.

She would not comment on what was discussed, but said she was unhappy with the outcome and said she plans to sue Harrah's.

"They don't want to admit any fault there," she said. "I'm not going to be insulted by them and we'll start the lawsuit and let them deal with it."

Jespersen said she has never worn makeup but always has been well-groomed and clean. She was a loyal employee who always had favorable job evaluations, she added.

Harrah's spokesman Gary Thompson declined comment.

Tom Stoneburner, director of the Reno-based Alliance for Workers' Rights, said the case is being closely followed by the gambling industry and unions.

"This could end up being a landmark case," he said. "In Nevada they, (the courts) have always given the industry leeway. This is a case where we think Harrah's has gone too far and we think the courts will agree."

Jespersen first must obtain a "right to sue letter" from the federal Equal Employment Opportunity Office before she can sue.

Under federal rules, she must wait until April -- six months after she filed the complaint with the state commission -- to obtain the letter. State law requires people alleging discrimination to first go through the Nevada Equal Rights Commission.

"They want a person to wait until six months to see if it can be resolved," Romo said. "We're neutral and we certainly try to mediate and resolve the issues."

Jespersen said she would direct her lawyer, Jeffrey Dickerson of Reno, to begin drafting a discrimination lawsuit.

She was fired after refusing to comply with new Harrah's appearance guidelines requiring female employees to wear makeup -- defined as blush, mascara, lipstick and powder.

The policy also requires female workers to wear teased, curled or styled hair and solid black leather shoes. It prohibits male employees from wearing ponytails or hair below the top of shirt collars.

Stoneburner criticized Harrah's new dress code, calling it "a big step in the wrong direction. The standards of 20 to 30 years ago are outdated and Harrah's has to realize it's the Year 2000."

Harrah's officials have defended the new appearance guidelines, saying customers expect female employees to look good and wear makeup. They say most employees have accepted the policy.

Jespersen said the policy discriminates against women.

"What it all comes down to with this program: If I were a man it would be a non-issue and I'd still have my job," Jespersen said.