Nigel Tufnel, Anyone?

Here is a classic: 2 judges on a 3 judge panel of the 9th Circuit Court of Appeals (which is comprised of the westernmost states including California, Oregon, and Washington, and known by most people that follow trends among the federal circuits as the most liberal of all the circuits) ruled that it is not discrimination to force women to pretty themselves up by applying makeup as a condition of employment.

In an opinion likely to raise the ire of civil rights and feminist groups, a divided 9th U.S. Circuit Court of Appeals panel ruled Tuesday that a woman who was fired from her job as a casino bartender for refusing to wear makeup cannot sue for sex discrimination.

The 2-1 decision rejected bartender Darlene Jespersen's argument that Harrah's Operating Co. violated her rights when it implemented "Personal Best" image standards requiring women to wear makeup and men to trim their fingernails and keep their hair short.

"Even if we were to take judicial notice of the fact that the application of makeup requires some expenditure of time and money, Jespersen would still have the burden of producing some evidence that the burdens associated with the makeup requirement are greater than the burdens the 'Personal Best' policy imposes on male bartenders," Senior Judge A. Wallace Tashima wrote for the majority.

Judge Barry Silverman concurred.

2 troglodytes and 1 who "gets it":

Judge Sidney Thomas dissented, saying that a jury easily could have found that the makeup requirement illegally requires female employees to conform to sex stereotypes, or that it places more of a burden on women than Harrah's male grooming standards.

"Sex-differentiated appearance standards stemming from stereotypes that women are unfit for work, fulfill a different role in the workplace, or are incapable of exercising professional judgment systematically impose a burden on women, converting such stereotypes into stubborn reality," Thomas wrote.

What's the big deal? A little eye shadow, a little color to the cheeks, it's all good, right? Wrong. How about being judged on performance?

Jespersen worked as a sports bartender at Harrah's in Reno, Nev., for nearly two decades and received exemplary performance evaluations. Harrah's encouraged female beverage servers to wear makeup, but it was not required.

Jespersen briefly tried wearing makeup but later stopped because she felt it "forced her to be feminine" and to become "dolled up" like a sex object.

Anyobody see "This is spinal Tap?" It reminds me of the great line by the not-so- swift Nigel Tufnel (played by Christopher Guest): "What's wrong with being sexy?"
Sexist Nigel, sexist.