Case Study: Hiring on the Basis of Looks

Running head: HIRING ON THE BASIS OF LOOKS CASE STUDY

Companies that regulate a worker 's appearance, from banning tattoos to mandating makeup, are facing a growing risk of lawsuits, most employment lawyers assert. Appearance based discrimination lawsuits are being filed more frequently, involving everything from eyebrow rings to sexy clothing, employment attorneys say. The corporate loose white shirt is in the past, more and more, people look different and are entering the work force, and the tensions between culture and policy are going to escalate (Johnston & Shafer, 2006). Another cultural shift that is taking place is where managers are struggling to control a younger generation of workers who are more culturally and racially diverse than before. Therefore, the younger generation is more resistant to rules regulating their personal appearance (Osterman, 2005). Attorneys note that in recent years there 's been a rash of image-based lawsuits, including: The state of Nevada has a female bartender who is challenging a recent court ruling that upheld a casino 's right to fire her for refusing to wear makeup (Osterman, 2005). In Massachusetts, a former employee is challenging a retail giant’s prohibition on facial jewelry (King, Winchester, & Sherwyn, 2006). Most recently, a jury ruled against a university librarian, who allegedly was denied promotions because she was too attractive and did not fit the image of a librarian. The university claimed she was told that she was considered to be just a pretty girl who wore sexy outfits, and that 's why she wasn 't getting promoted. The attorney for the librarian argued that this was a case where his client didn 't fit the stereotype of the librarian (King, Winchester, & Sherwyn, 2006). Another lawyer is representing a women in an ongoing sex discrimination case against an entertainment conglomerate over a "personal best" policy that required women to wear makeup, she was fired for refusing to comply. The

References: Carroll, A. and Buchholtz, A. (2006). Business and Society: Ethics and Stakeholder Management. Southwestern. Coleman, M., Darity, W. and Scharpe, R. (2008). Are Reports of Discrimination Valid? Considering the Moral Hazard Effect. The American Journal of Economics and Sociology. Dermody, K. and Sagafi, J. (2004) Abercrombie & Fitch: Consent Decree. Retrieved on 03 April, 2009 from: http://www.afjustice.com/pdf/20041116_consent_decree.pdf. Fielder, J. (2004). Mental Disabilities and the Americans with Disabilities Act. Westport, CT: Quorum Books. Hamilton Krieger, L. (2003). Backlash Against the ADA: Reinterpreting Disability Rights. Ann Arbor: University of Michigan Press. Johnston, R. and Shafer, B. (2006). The End of Southern Exceptionalism. Harvard. Keith, F. (2008). Delaying the Dream: Southern Senators and the Fight Against Civil Rights, 1938-1965. Baton Rouge, LSU Press. King, R., Winchester, J. and Sherwyn, D. (2006). You (Don 't) Look Marvelous: Considerations for Employers Regulating Employee Appearance. Cornell Hotel & Restaurant Administration Quarterly. Kirton, G. and Green, A. (2004). The Dynamics of Managing Diversity. Butterworth- Heinemann. Kotz, N. (2005). Judgment Days: Lyndon Baines Johnson, Martin Luther King, Jr., and the Laws that Changed America. New York: Houghton Mifflin Company. Lesner, L. C. and Killingbeck, D. (2006). Abercrombie & Fitch and their Contribution to the Creation of a Fat Identity in American Youth. Retrieved 05 April, 2009 from: http://www.allacademic.com/meta/p212923_index.html. McAdams, T., Moussavi, F. and Klassen, M. (2005). Employee Appearance and the Americans with Disabilities Act: An Emerging Issue? Employee Responsibilities and Rights Journal. McBride, D. (2005). Why I Hate Abercrombie & Fitch: Essays on Race and Sexuality. New York Press. Osterman, R. (2005). Lawsuit Puts Spotlight on Appearance Standards in Workplace. The Sacramento Bee. Solis, D