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Forcing someone to have certain appearance illegal in job? |
Okay, I'm not talking about if someone has religious reasonings for having long hair or dressing a certain way. But is it legal to make someone have shorter hair or dress professionally as a terms for employment. I'm answering a question for my law class, and it seems obvious to me that it is NOT illegal, after all every place I have worked has had a dress code. But the more I think about it, the more I think this is a trick question meant to throw me off. Can anyone help? The company has to have a clear, published dress code. They can even hire based on how the employee looks in certain cases where the employees appearance is integral to the company's business (see Hooters case). They can't just arbitrarily make up codes on the fly. Also, if your appearance can not affect the company in any way, it would be hard for them to when a case. I think the word you have to consider is "forcing". If it's part of the dress code and the employee agreed to it when given said employment, he or she is obligated to comply, and is not being forced. If it is something that was not specified in the employment rules and regulations, and someone is being told they have to to it to keep their job, then perhaps it is illegal. In a way, demanding that a person change something about themselves that has nothing to do with a job requirement in order to maintian employment is discrimination. But as I above stated, if it is in the rules and regs., there is nothing the employee can do. Some jobs requiere you to have a certain apperance or a certain image. Look no further than the reporters in you local television station. Have you noticed that they males have no mustache, no goatee, no side burns? If they do have facial hair, it's a beard (Wolf Blitzer CNN). Apparently is to promote an image of professionalism. Similar for police officers. They are allowed to have mustaches, but not allowed to have long side burns, or beards etc. Define appearance? Asking an employee to dress professionally within reason is not illegal. Asking a woman to dress more provacatively ie. shorter skirts, showing cleavage , etc. (unless she's a showgirl or dancer) may very well be. Hair lenghth may or may not be, depending on the occupation. Refusing to hire a bald person is! Refusing to hire someone overweight is also illegal for most jobs (physical requirements may apply ie. flight stewards on airplanes, police, firemen, etc.). I would say no but every case is different! It is NOT illegal. I can tell you this, because I was hired for a job, and someone didn't like my appearance. I wasn't the right boutique look. I was to be fired....Instead I was "made over". When speaking to an attorney, unless it was based on religious, handicap, age, the common discriminations, then it was not a prosecutable offense. i don't know about the hair length with women but the hair length with men and the work attire for both men and woman is legal you cant show up to an office in gym shorts and a tank. the state troopers for example in new york state require the men to have short cut neat hair and the woman must wear it up and close to their heads like a bun they also have uniforms. it is also legal for an employer to insist an employee remove any visible body piercings while at work and refuse to hire you because you have visible tattoos unless you have a way to hide them during work. because they are the employer they set the rules except when it come to discriminatory circumstances age, sex, gender choice, and physical and mental disabilities. aside of the fact that they can not choose to nit hire or dismiss a person who is trans gender for dressing as the other sex they can choose not to hire you if your have purposely done something to your body (piercings and body art) or if you choose to dress in a way that does not suite the business you have to at least have a 'dress' code to keep the 'professionalism' of the work place. i am a bar owner and i have a gress code if you wanna enter my bar. i dont need anybody looking like they just fell off the 'gang-banger wagon', if you know what i mean. I, myself, have long hair and i wear, sometimes, 'different attire' to work, but it fits 'my personality'. my waitress 'uses what she has' as a way of getting better tips. and so do I. every situation is different. Its a question to get you to think...not necessarily a trick. An employer has every legal right to have a dress code and enforce it. Not sure about the actual length of hair, but they can certainly say it must be neat and/or tied back. They can definately ban piercings, visible tattoos, purple hair, etc., and it would all be enforceable...it is, after all, their business, as long as its enforced uniformly. I think you are right, this is a trick question. For example, my husband works for UPS, he is not allowed to have any piercings visible, no tattoos, mush have short hair, no facial hair, must wear a uniform, black or brown shoes, etc. Flight atttendants must maintain a certain weight, the list could go on and on I'm sure. Good luck! No, it is not illegal to require certain dress or appearance, but if the dress or appearance has no relevance to the work I could see grounds for a suit. If a woman was required to wear short skirts in a medical office but not as part of a uniform, I think an argument could be made. It depends on what the job is. Certain places, like a jail can mandate the length or hair and nails for safety reason, labs can also do this for contamination reasons. And any employment can mandate how you dress. You trying to get hired by office max by any chance cause they have a dress code and hair styles are included in it... i think it depends on what is stated in the handbook when hired, most jobs do have restricions on facial hair, men's hair length, dress code, hair color piercing... Nope. Attorneys are required to be in suits every day in court. Military requires those goofy buzzes. Corporate America does not allow jeans. It's called professionalism. No it is not illegal.. they can tell you to tie your hair back, shave your mustache or beard, they can tell u not to wear tennis shoes, jeans , etc, and if you dont like it get a new job. An employer has the right to enforce a dress cose and it is not illegal. It's legal not at all, Hollister for example doesnt have to hire minority's that y i will never shop there |
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