Legal Question in Employment Law in Utah
harassment by supervisor
My son works for American Express in Utah. The big boss, the one over his direct supervisor, saw my son on the internet looking at Cadillacs. The company policy is that you can use the internet if not on inappropriate sites and while on break or lunch. My son was on break. This boss called him into his office and told him this was not an appropriate site. He cannot now use the internet at all. He told him he doesn't like his appearance. Said he doesn't like his silver necklace and he needs a haircut. His hair was nearly shaved, and is growing it out. It is not anywhere near long. Some male employees have hair past their shoulders, but that seems--name removed--be OK. This is not the first time my son has been harassed by this ''boss.'' He obviously has it in for my son (who is 22 years old). My son is a good employee and has received award for his good performance. My son says there is nothing he can do because this is the ''big boss.'' Can anything be done about this? Thank you.
1 Answer from Attorneys
Re: harassment by supervisor
Utah is an "at will" state, meaning that unless there is an employment contract, individual or union, employment can be terminated for any reason or no reason at any time.
There is no statutory or constitutional protection for appearance as there is for age, sexual harassment, race and other protected categories.
However, if AmEx has a dress code or policy it does need to be adhered to and enforced uniformly and without discrimination.
At this point I don't see any legal recourse for your son. Perhaps your son's best course would be to simply check in with the Human Resources department to see if they have any suggestions or guidance.
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