Can an employer tell my friend that he cannot wear make up?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer tell my friend that he cannot wear make up?
My friend works at hamburger chain and they told him he cannot wear make up because it might offend people. However there are girls who wear make up there and they do not tell them they can’t wear make up. When confronted the owner said it was misrepresentation of character because he did not wear make up to the interview. I need to know so I can assist him with a possible case. The owner said he has already consulted his lawyers before coming to this conclusion.
Asked on June 22, 2011 under Employment Labor Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In an "at will" employment relationship (and most are), an employer may generally impose restriction/requirements as it deems fit. This is true unless there is a union/employment contract to the contrary or an action violates existing company policy. Additionally there must not be any discriminatory practice involved. For example, there can be no difference in treatment based on gender. The latter having been said, courts have held that sex-differentiated appearance standards are generally permissible if they do not impose "unequal burdens" on male and females. Therefore, a grooming policy that applies equally to men and women and is aimed at creating a professional and very similar look for all of them may be legal. Bottom line, while there then can be differences in appearance and grooming standards, the effect on the employees must be relatively equal.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.