Legal Question in Discrimination Law in California

I went for an interview at a major retail company that a friend of mine works for, and I was later told I did not get the job. My friend later told me that I didn't get the job because I was "rough around the edges" in my appearance. My arms are covered in tattoos and have plugs in my ears for earrings. Mind you, this company already has employees with plugs and tattoos. And I also currently work for a retail company that did hire me reguardless of my appearance, but they have put me in the back room when the bigwigs come in to the store. I've been with this company for about 2 years and just now is my appearance becoming an issue. Can I sue the companies under a discrimination law?


Asked on 6/18/10, 5:19 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Definitely no. The anti-discrimination laws deal only with a limited class of people and are intended to provide an equal ground for people who have characteristics they have no control over [race, gender, etc.]. You have decided to look as you do, knowing that a large part of the population does not like this new look/fashion. Some people uses these fashions to try to shock, upset, more conservative individuals. But the latter are the ones who own the stores and businesses and firmly believe the best employee is one who thinks like them.

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Answered on 6/18/10, 9:58 pm
Terry A. Nelson Nelson & Lawless

Nice try, no brass ring. Discrimination laws do NOT protect any appearance issues, and most companies would reject or fire candidates with such 'issues'. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA [age], Civil Rights [race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 6/19/10, 12:13 pm


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