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Is it legal to not hire someone because of how they dress?

posted 1 year ago in Career
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    Worker bee
    Gwent09       NJ

    Just curious

     
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    EleanorRigby    June 2011  

    I don't think most people would frame it that way for fear of getting sued... but if someone shows up for a corporate job in a short mini skirt or sweatpants, I think it shows a lack of professionalism that would justify not hiring someone.

     
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    Elarissa    June 18, 2011   Toronto

    I think so if the place of employment has a dress code.  I can get sent home if I don't come to work in business casual.. and I'm sure people at places with uniforms would get sent home if they didn't wear theirs.. and fired after multiple infractions.

     
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    aruka11    February 26, 2011   Washington, DC

    I think so? I know there have been lawsuits about this very issue, and I think they've usually resulted in the employer's favor. The employee is a representative of your company, and if you show up to a business meeting in an entirely unprofessional way, that can hurt your business. Some of you lawyer bees probably know more than I though!

     
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    zippylef    October 30, 2010   Norfolk, UK

    I know that at my work, if you do not show up looking nice then you don't get hired. It's just a simple fact. I think that most companies are like that. It shows a lack of motivation, care and professionalism, which I would say is enough justification not to hire someone.

    Seriously, how hard is it to thrown on black pants and a button-up? Not hard at all.

     
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    blu77    October 2011  

    yes, it is legal from what I understand, ie, airline stewards need to meet certain requirements.

     
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    deathbydesign    February 18, 2012   Lives in Ontario, married in Quebec

    Nothing can stop an employer from not hiring you. He/She can only get in trouble if you can prove he/she didn't hire you for an innapropriate reason (you're handicapped, your race, ect). I don't think clothing plays into that at all.

     
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    GoldfishPie    February 2015  

    @deathbydesign: Got it right.  No employer is obligated to hire anyone at all, unless it is obvious that they discriminated against the applicant on the basis of gender, age, sexuality, etc.

    There have been cases where an employee has sued the employer because a religious garment was told to be removed and such.  I think a good rule to follow is they will never fault you for looking TOO nice! 

     
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    Melini    April 2, 2011   Northern CA

    Why so many job posts in the wedding related forum?

     
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    bells    June 26, 2011  

    Yes it is. Each type of work has a certain dress requirements. You can wear leggings and sneakers into the court as a lawyer

     
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    teaadntoast    04/23/2010   New York, NY

    Note:  There is a difference between firing someone and not hiring him or her.

    Your HR department will likely be versed in the employment laws in your state.  Generally speaking, you can't refuse to hire a person based on age, race, gender, disability, etc.

     
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    rachel_leigh    May 15, 2010  

    It would only be discrimination if the employer chose not to hire based on either federal or state employee discrimination laws.  I am fairly sure that "state of dress" is not included in any federal or state list of protected classes, but if, for example, a man was dressed in womens' clothing and the state included gender identity as a protected class, discrimination could be found.

     

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