Makeup Requirements In The Workplace
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What Are Workplace Makeup Requirements?
Occasionally, employers implement "personal appearance standards" to govern how their employees should look. Some employers feel their employees' personal appearance is important to the job, and will typically either require that their employees wear make up or forbid them from doing so while at work. Typical occupations where makeup requirements may be found include:
- Beverage employees, such as bartenders or cocktail waitresses
- Restaurant waitresses
- Newscasters and reporters
- Clothing retail
Can Employers Govern Whether Their Employees Wear Makeup At Work?
Under proper circumstances, an employer can establish that a makeup requirement is a matter of "public image" related to business needs. If an employer can prove that its makeup requirement is shaped by neutral considerations and not based on stereotypical notions of gender roles, then it may be upheld. The key consideration in deciding whether a makeup requirement is discriminatory is determining whether it is applied evenhandedly to both sexes.
What Is An Example Of A Makeup Requirement That Does Not Discriminate Between Sexes?
In Nevada, an employer who implemented an appearance standard that required female bartenders to wear makeup to work and forbade male bartenders from doing so was considered nondiscriminatory. As long as such a requirement is not more burdensome on one sex above another, it is likely to be enforceable.
Do I Need An Attorney If My Employer Has Created A Makeup Requirement That Unfairly Discriminates Against One Sex Over The Other?
If you feel that your employer has implemented a makeup requirement that is more burdensome on one sex above another, then you may have a case for sex discrimination. An experienced employment law attorney can inform you of your rights as an employee and determine whether you have a valid case of discrimination.
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Last Modified: 04-11-2013 10:40 AM PDT
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