On December 28, 2004, the US Court of Appeals for the Ninth Circuit ruled 2-1 that requiring female employees to wear makeup while serving customers did not constitute sex discrimination in violation of Title VII of the Civil Rights Act of 1964 [42 USC § 2000e et seq.]. The complaint was filed after Harrah's Casino in Reno, Nevada began requiring gender specific standards for male and female employees. The plaintiff, a bartender for nearly 20 years, refused to wear make-up and was terminated. She argued that the policy constituted disparate treatment sex discrimination. In dismissing the claim, the court found that there was not enough evidence to demonstrate that the requirements imposed greater burdens on women than those imposed on men.



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