Looks, Beauty, & Appearance Discrimination in Employment
Employment discrimination legislation has evolved to include race, disabilities, sexual harassment of either gender, and age. In lieu of this evolution and an increasing trend toward equality for all individuals in the workplace, the time has come for the protective reach of employment discrimination law to cover ugliness. While the proposal may cause titters at first, evidence exists that discrimination based on looks (or physical appearance) occurs in the workplace. An investigation was conducted by ABC’s 20/20 news program in 1994 that sent two men and two women into the workplace to secure the same jobs (Sessions 1). The individuals were coached to act in a similar
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It protects the employee from unfair bias and it protects the employer by diminishing the risk of lawsuit based on discrimination. The Equal Employment Opportunity Commission (EEOC) has been instrumental in the development of employment discrimination law. According to the EEOC guidelines, employment discrimination law should be designed to achieve the following goals in descending order of importance:
· Eliminating employment bias and arbitrariness from the workplace.
· Limiting employment decisions to unaccommodable criteria that are essential to job qualification.
· Facilitating occupational goal attainment.
· Enhancing employment decision-making.
· Designing ergonomically and psychosocially optimal work environments.
· Enhancing occupational mobility.
· Minimizing social costs of litigation.
· Facilitating resolution of employment-related disputes.
· Eliminating employee retaliation. (Amack 1)
There is a fine line on employment discrimination law when it comes to appearance. Typically, appearance discrimination lawsuits have been decided in favor of employers as long as the criteria for appearance is applied equally to males and females. For example, models cannot sue a potential employer for not hiring them because they were considered less attractive than another model because the same criteria is applied to male models. Age discrimination has recently come under the protective reach of employment
In the essay “Why Looks Are the Last Bastion of Discrimination” by Deborah L. Rhode, she portrays the stereotypes hardships which are faced by certain people. She wants the audience to know how the stereotypes can cause suffering. The way certain people appear can cause people to have certain view point towards them due to their look. Discrimination is generated in people’s minds due to the physical appearance of a person. She wants the people to know that discriminating others because of their race, religion, color, and gender should be stopped. She gives an example in her essay about an obese lady, where the lady is called she not fit for job and
“We all know that appearance matters, but the price of prejudice can be steeper than we often assume” (Washington1.) Published originally in the Washington Post on May 23,2010 by Deborah L. Rhode. Rhode the Professor of law and legal director at Stanford University in her essay “Why Looks Are The Last Bastion Of Discrimination,” argues that an individual's physical appearance is one of the few qualities of their personal identity that other people are legally within their rights to discriminate against. Rhode states her thesis clearly explaining the forthcoming reasons she will offer to uphold her position. Rhode believes that discriminating against individuals based on their appearance is wrong, and is often overlooked in many environments such as the workforce. Many think it is crucial that discrimination on looks is banned in workplaces, schools, and most other organizations.
Deborah L. Rhode, a law professor at Stanford University and author, has written or co-written over twenty-seven books in the genre of “professional responsibility, leadership, and gender,” and published editorials in the New York Times, Washington Post, Boston Globe, and Slate. On May 23, 2010, an editorial by Rhode titled, “Why Looks are the Last Bastion of Discrimination,” was published in the Washington Post. This article argues for the need of stricter anti-discrimination laws after proving that the United States’ bias towards more attractive people severely impacts one’s ability to obtain jobs and other opportunities. Rhode follows Toulmin’s model of argument which states that an argument must incorporate data, a claim, warrants, qualifiers,
Over the last several decades, workplace issues have become an area of controversy for most employers. This is because the regulations surrounding what practices are considered to be discriminatory have increased dramatically. To enforce these issues, the Equal Opportunity Employment Commission (EEOC) is playing a central role in making employers follow these provisions of the law. A recent example of this occurred, with the case EEOC v. HCS Medical Staffing Inc.
Why women are discounted by employers and not men is interesting. Men have judged women based on their looks for years even in the workplace. This is a form of sexual objectification and undervaluing women according to Caroline Heldman, (2013). One would think that due to The Equal Pay Act that positive business acumen would be practiced for the greatest good based on skill and not using discriminatory practices based on sex and looks. The utilitarian theory will be evaluated to identify the greatest good for the greatest number as it pertains to women being discounted and
In the society we all live in today, where outside beauty is emphasized more than inner beauty, businesses have realized how to utilize that view to their own benefit They have looked at trends and realized that it is profitable to hire those with outer beauty. However, since certain businesses are only hiring certain ethnicities in order to project that image, it has been questioned whether these businesses are discriminating. In the article, Going for the Look, but Risking Discrimination, it says that " hiring attractive people is not necessarily illegal, but discriminating on the basis of age, sex, and ethnicity is." The companies cannot help it that only certain types of people fit their marketing image and their hiring strategies are
Today’s jobseeker has tough competition. In our text book readings “Judging by the Cover” (657-658), Bonny Gainley begins the argument of the paper by stating that job seekers must be careful when they make personal choices that initially will affect their chances of entering the workplace. People have a need to be accepted by others just the way they are, in the same way people continue to say, “you can’t judge a book by its cover”, yet people do based solely on their personal appearances. That goes for businesses as well, “[t]he bottom line is that businesses exist to make money. Whether it seems fair or not, most employers do care about the personal appearances of the people they hire because those people represent the business to its customers”.
“Judging by the Cover,” is an essay written in 2003 by Bonny Gainley who is a consultant, speaker, and author. It originally appeared in an opinion column in a Colorado newspaper. Although non-discriminatory, she believes that people project messages about themselves with their appearance. This essay seems to be intended for recent graduates and young job seekers. The main point that she tries to explain to the reader is that even though our family and friends may accept us for who we are, employers may not.
Federal Equal Employment Opportunity (EEO) Laws-The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies (2009).
The EEOC laws, or Equal Employment Opportunity Commission, are federal laws that enforce employers to not discriminate against applicants of any background. Discrimination by types such as age, disability, equal pay/compensation, genetic information, harassment, national origin, pregnancy, race/color, religion, retaliation, sex, and sexual harassment are all protected under the EEOC laws. It is also illegal for an employer to “discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.” (EEOC , n.d.) The EEOC laws are to help serve justice and to create an equal work environment for people of any kind. The EEOC wants to accomplish the goal of having every applicant to feel at home without being discriminated against. These laws not only affect an employer hiring an applicant however; it affects them in firing, promoting, harassing, training, wages, and benefits. The EEOC’s role is to help find out if any applicant is being discriminated against and to help
Throughout the years the United States has faced many challenges with equal employment opportunities for everyone. The United States has developed The Equal Employment Opportunity Commission, also known as the EEOC, to enforce laws that help prevent everyone from being treated unfairly when it comes to employment options. The EEOC has established stipulations and overlooks all of the federal equal employment opportunity regulations, practices and policies (“Federal Laws Prohibiting Job Discrimination Questions and Answers”). Some laws that have been passed are the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 and Age Discrimination in Employment Act of 1967. Although some discrimination is still a problem, all of these
Wolf discusses the effect that these standards are having on women in the workplace. A woman’s beauty, or lack of it, can be used against her. In 1986, Mechelle Vinson lost a sexual harassment case. “Vinson was young and ‘beautiful’ and carefully dressed. The district court ruled that her appearance counted against her.” (Wolf 38) “In Hopkins v. Price-Waterhouse, Ms. Hopkins was denied a partnership because she needed to learn to ‘walk more femininely, talk more femininely, dress more femininely,’ and ‘wear makeup’.” She brought in more business than any other employee. (Wolf 39)
The two applicants will vary in attractiveness. Attractiveness will be determined by the “averageness” of a face; the more attractive face will be a compilation of the average of various facial features common to the Anglo-Saxon genetic disposition. Studies of compilations of average facial traits show that we have a biological preference for the average phenotype because we believe it indicates evolutionary resilient, fertile genotypes (Langlois, Roggman, 1990.) The other profile will be composed of a person with facial features that deviate from the average (example: wide-set eyes, etc.) and as a result are found less attractive.
The problem here of course is how anyone can create a law that protects those people, when there is no clear definition of beauty. People’s perception of beauty changes with time and is different in different areas of the world. Nevertheless research shows us that “taller men earned around $600 per inch more than shorter executives.”