Legal Question in Employment Law in California

Gender discrimination based on earrings?!?!

I am a 22 year old male and work for a popular retail clothing company. Everytime I show up for work, my managers tell me to take out my earrings. In our ''Associate Handbook'' under Jewelry:

''Jewerly must be simple and classic. If the first thing a customer notices on a associate is his or her jewerly, then it does not meet this requirement. No more than two earrings in each ear can be worn at a time for WOMEN. Earrings should not be larger than a dime and should not dangle. Earrings can be clip-on or pierced, but must be worn on the bottom of the earlobe. The shape of the earring must be in good taste. (underlined) Men are not allowed to waer earrings (end of underlined). Toe rings are acceptable. No other pierced jewelry is appropriate (e.g. nose rings, pierced lips, tounge rings, and eyebrow piercings). If jewelry does not meet these guidelines, the Store Manager may ask the associate to remove the jewelry.''

I fully understand that company's have images that they want their employees to keep. Such as the clear guielines that are stated above. But I feel that I have been discriminated because I am a male. My earrings meet all the guidelines that women have to keep but as a male, why can't I wear earrings?


Asked on 3/05/06, 3:06 pm

1 Answer from Attorneys

Scott Miller Law Office of Scott A. Miller

Re: Gender discrimination based on earrings?!?!

It very well could be construed as gender discrimination.

Scott Miller, CaliforniaWageLawAttorney

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Answered on 3/09/06, 7:56 pm


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