Legal Question in Discrimination Law in California

Discrimination

Is it possible for a boss to tell you that you did not get a promotion due to your appearance? I work the night shift for a major corporation. The night shift dress code is very different from the other two shifts. We are allowed to wear jeans and t-shirts. I am a Lead and dress just like everyone else...including the other leads.

When I applied for a promotion, my boss could not give me any other explanation as to why I did not get the job other than it was my appearance.

I am more than qualified for the job but feel that this was a form of descrimination. I am a lot younger than the other two leads and a woman. I have a few piercings on my face, but made it very known that if promoted I would have no problem removing them. I actually worked the day shift for a while and never wore my piercings and abided by that dress code.Is there anything i can do?


Asked on 5/04/07, 3:39 am

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Discrimination

One's appearance is not a basis for a discrimination claim, assuming it is not based on race, gender, etc. All employers have the right to establish dress and appearance codes (Disney for instance, does not permit facial hair). While some employers will tolerate piercings, tatoos, etc., others do not and are within their right to make employment decisions based on an employees appearance, as a representative of the company.

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Answered on 5/04/07, 1:35 pm
Terry A. Nelson Nelson & Lawless

Re: Discrimination

appearance and dress are not protected categories of civil rights, so there can't be 'discrimination'. Employers get to set standards and rules on such things.

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Answered on 5/04/07, 2:51 pm


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