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

posted 7 years ago in Career
Post # 3
Member
1664 posts
Bumble bee
  • Wedding: May 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.

Post # 4
Member
921 posts
Busy bee
  • Wedding: June 2011

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.

Post # 5
Member
383 posts
Helper bee
  • Wedding: February 2011

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!

Post # 6
Member
7777 posts
Bumble Beekeeper

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.

Post # 7
Member
994 posts
Busy bee
  • Wedding: September 2011

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

Post # 8
Member
5657 posts
Bee Keeper
  • Wedding: February 2012

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.

Post # 9
Member
1458 posts
Bumble bee
  • Wedding: January 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! 

Post # 10
Member
1077 posts
Bumble bee
  • Wedding: April 2011

Why so many job posts in the wedding related forum?

Post # 11
Member
9029 posts
Buzzing Beekeeper
  • Wedding: June 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

Post # 12
Member
2394 posts
Buzzing bee
  • Wedding: April 2010

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.

Post # 13
Member
979 posts
Busy bee
  • Wedding: May 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.

The topic ‘Is it legal to not hire someone because of how they dress?’ is closed to new replies.

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