Running head: DO YOUR LOOKS COUNT?
Do Your Looks Count?
A question that is beginning to surface is should employee's looks affect their job prospects and employment? That is the issue the article "Should Looks Count?" By Michael Barrier begins to inform us on. The legal answer is there is no federal law banning decisions based on appearance. However some appearances can qualify for legal protection in some cases. For example, severe obesity, gender roles and sexual orientation are issues that are normally not protected by Title VII, but are being seen in Federal Courts.
Employee's looks play a large role in retail types of businesses or for employees in the public eye. We all have at one time or another chosen to seek help from the "good looking" sales clerk or look to the "healthy" trainer at our fitness club. Employers know this and have hired individuals based on looks rather than skills or knowledge. Many companies prefer young, skinny and blond as traits they look for. These employers have often claimed this "certain look" is necessary for what is being marketed. This works when authenticity is proven. For example, at a Chinese restaurant hiring only Chinese employees. The argument is that not only is food being sold, so is the atmosphere.
Obesity is not considered a disability under the disabilities act, unless the individual is ill or extremely obese. A Chicago employment attorney J. Kevin Hennessy says, "Mutable characteristics, things that you could change, such as excess weight, are not considered to be protected." We have all seen the reality television that portrays an attractive person getting positive treatment on the street. This individual has c ...