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	<title>Comments on: You’ve Come a Long Way, Baby? Maybe Not.</title>
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	<link>http://www.todaysworkplace.org/2010/03/16/you%e2%80%99ve-come-a-long-way-baby-maybe-not/</link>
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		<title>By: Charlotte Fishman</title>
		<link>http://www.todaysworkplace.org/2010/03/16/you%e2%80%99ve-come-a-long-way-baby-maybe-not/comment-page-1/#comment-70216</link>
		<dc:creator>Charlotte Fishman</dc:creator>
		<pubDate>Wed, 17 Mar 2010 17:02:43 +0000</pubDate>
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		<description>The Eighth Circuit opinion is final, and it articulates the law for all courts within its jurisdiction -- that is a legal victory.  As the article notes, Ms. Lewis still has to prove her individual case to a jury.

I do not agree that I mischaracterized the Jespersen opinion.  Harrah&#039;s first had its female employees made up by a professional and photographed, after which they had to achieve a look that &quot;matched&quot; the photograph every day.   How is that different from a &quot;beauty&quot; standard? Men were merely required to keep their hair short, and not to wear makeup.  
How does that make Harrah&#039;s grooming standard &quot;appropriately applicable to male employees&quot;?  The point of the article is that twenty years after Price Waterhouse v. Hopkins, employers should not be in the business of enforcing a particular standard of gender-specific attractiveness (unless they can show it&#039;s a bona fide occupational qualification).</description>
		<content:encoded><![CDATA[<p>The Eighth Circuit opinion is final, and it articulates the law for all courts within its jurisdiction &#8212; that is a legal victory.  As the article notes, Ms. Lewis still has to prove her individual case to a jury.</p>
<p>I do not agree that I mischaracterized the Jespersen opinion.  Harrah&#8217;s first had its female employees made up by a professional and photographed, after which they had to achieve a look that &#8220;matched&#8221; the photograph every day.   How is that different from a &#8220;beauty&#8221; standard? Men were merely required to keep their hair short, and not to wear makeup.<br />
How does that make Harrah&#8217;s grooming standard &#8220;appropriately applicable to male employees&#8221;?  The point of the article is that twenty years after Price Waterhouse v. Hopkins, employers should not be in the business of enforcing a particular standard of gender-specific attractiveness (unless they can show it&#8217;s a bona fide occupational qualification).</p>
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		<title>By: Marc Brenman</title>
		<link>http://www.todaysworkplace.org/2010/03/16/you%e2%80%99ve-come-a-long-way-baby-maybe-not/comment-page-1/#comment-70039</link>
		<dc:creator>Marc Brenman</dc:creator>
		<pubDate>Wed, 17 Mar 2010 00:43:40 +0000</pubDate>
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		<description>Readers should be clear that there has been no final decision in this case; it is going to trial.  In addition, Jesperson is mischaracterized a bit-- grooming and appearance standards have to be appropriately applicable to male employees as well.  I&#039;m not at all sure about this:  &quot;Had Heartland Inns turned Cullinan’s personal preference for pretty women into a formal job requirement, the case might well have gone the other way.&quot; The Harrah&#039;s  requirements were not for &quot;pretty women; there was no &quot;pretty&quot; or &quot;beauty&quot; standard.</description>
		<content:encoded><![CDATA[<p>Readers should be clear that there has been no final decision in this case; it is going to trial.  In addition, Jesperson is mischaracterized a bit&#8211; grooming and appearance standards have to be appropriately applicable to male employees as well.  I&#8217;m not at all sure about this:  &#8220;Had Heartland Inns turned Cullinan’s personal preference for pretty women into a formal job requirement, the case might well have gone the other way.&#8221; The Harrah&#8217;s  requirements were not for &#8220;pretty women; there was no &#8220;pretty&#8221; or &#8220;beauty&#8221; standard.</p>
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