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Appearance-based Gender Discrimination in the Workplace

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  • Appearance-based Gender Discrimination in the Workplace

    Continuing on from http://www.customerssuck.com/board/s...ad.php?t=29632, about a woman who was let go for shaving her hair for a cancer fundraising drive. She doesn't have plans to take legal action and is encouraging people to donate money to the cancer org instead of funneling negative energy to the restaurant (http://www.owensoundsuntimes.com/Art...h=Maria+Canton.)


    Does Canada have gender discrimination laws? The US does but they don't count in terms of appearance (see Darlene Jespersen who was fired after 20 years of bartending for not wearing "blush, powder, lipstick, and mascara" when her employer started mandating it).

  • #2
    We have gender discrimination laws, although I'm not overly familiar with them. She could file a grievance with the Ontario Labour Board, and she could probably file against her boss with the Ontario Human Rights Commission. I have a lot a problems with the kangaroo-court procedures of the latter, but that's for another thread.

    I think she should sue. If someone told me that I am a less valuable employee because I suddenly have less hair, I certainly would. My worth should be measured by what I contribute, not what I look like. This is blatant sexism.

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    • #3
      Yep... sue!

      Even if what GK says further down in the thread were correct (I didn't go into the link), if my boss said to me "Do that and we'll fire you" for something completely unrelated to the job, I'd be thinking - "Go right ahead - I'll see you in court!"

      There's no way a 'dress code' could encompass lack of hair... what hair you have and how you manage it - yes... but not if you don't have any!! (and if you had some, and then decided not to...).

      Won't help their business any either... not once news gets around!


      Slyt
      ZOE: Preacher, don't the Bible got some pretty specific things to say about killing?

      SHEPHERD BOOK: Quite specific. It is, however, Somewhat fuzzier on the subject of kneecaps.

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      • #4
        The problem with this issue is that there are valid points for both sides.

        On the one hand, in the favor of the waitress, there is the issue of it's her bloody hair and no one should have any bearing on it unless it is unprofessional (shocking pink spikes for example) or is dirty and/or falling out. Secondly as someone mentioned on Customers Suck, what if the woman had cancer and was undergoing chemo and she was going bald?

        On the other however, the boss did point out that he really didn't want her to shave her head before hand and she did it anyway. There is also the other point of him offering her a choice of wearing a wig until it grew back.

        Now if the issue were more like one case I read about a few years ago (sorry, I can't find the link anymore) where someone was fired for supporting her cause and getting her hair cut, not shaved but just cut, then it would be cut and dried and very one sided in the favor of the woman.

        In this case the woman grew her hair out so it could be cut when she had the requisite 10 inches for Locks of Love. Her hair went from low-back to shoulder length and the boss got narky and fired her.
        “There are worlds out there where the sky is burning, where the sea's asleep and the rivers dream, people made of smoke and cities made of song. Somewhere there's danger, somewhere there's injustice and somewhere else the tea is getting cold. Come on, Ace, we've got work to do.” - Sylvester McCoy as the Seventh Doctor.

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        • #5
          I really don't see how the boss has any right to be offended about this, or why "solutions" were even necessary. Professionalism, especially professional appearance, tends to be quite loaded, and a bald-headed woman can look just as professional as a bald-headed man. Why should the woman have to wear a wig? And what right had the boss to ask her not to do this?

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          • #6
            She's also a waitress. People aren't going to walk in, see her, then turn around and walk right out. Her customer's aren't going to think, "Gee, I really wanted that filet mignon tonight, but after seeing my waitress, I'm going with mozerlla sticks!" If her job was something where her appearance might actually affect business, then I might say it was different. But honestly, I don't think for her workplace it'll make a difference. Hell, she might get even more in tips if people question her about it and they support her.
            Violence has resolved more conflicts than anything else. The contrary opinion that violence doesn't solve anything is merely wishful thinking at its worst. - Starship Troopers

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            • #7
              And what if she'd unintentionally lost her hair due to having cancer or another disease herself? You can bet her boss wouldn't touch that one with a ten foot pole. Double standard, big time.

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              • #8
                So far this thread has discussed a woman being fired for having an appearance that is professionally acceptable for a man. Just figured I'd bring up an example from the opposite side.

                A former friend of mine got reprimanded by his job for having long hair and pierced ears. He was told the hair has to go, and the piercings must be removed. (By the way, this was an inventory job - no food service, no heavy machinery, no contact with the public, only his co-workers and store employees would see him). He fought with corporate because women weren't told to cut their hair or remove their ear piercings. Why should it be any different for him just because he's male? I don't know how everything played out in the end, but I think he's no longer with the company. I was proud of him for standing up for himself, though.

                Do you guys feel the same way when it comes to men having an appearance that is professionally acceptable for women? To take it a step further, what about a man wearing women's clothing and/or makeup? In some places, women wear tuxedos (masculine clothing) as uniforms. Is it also acceptable for men to wear feminine clothing?

                Frankly, what an employee looks like doesn't bother me, as long as there are no hygeine issues. Unfortunately, I know that doesn't always fly in the corporate world, sometimes with good reason, sometimes just because of tradition.

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                • #9
                  It pissed me off to no end when I was in high school and many of my male friends were getting food service jobs that required them to cut their hair, shave their face and remove piercings, while my female friends were allowed to keep their ass-length hair and their six piercings in each ear. I don't understand it, and I am quite an advocate against the "etiquette of professional dressing". I understand the need to look professional, and the many ways this has to be achieved, but the professionalism that is based on how things used to be 50 years ago, or just on "tradition", is useless, in my eyes.

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                  • #10
                    Originally posted by Norton View Post
                    Do you guys feel the same way when it comes to men having an appearance that is professionally acceptable for women? To take it a step further, what about a man wearing women's clothing and/or makeup? In some places, women wear tuxedos (masculine clothing) as uniforms. Is it also acceptable for men to wear feminine clothing?
                    I'm lucky insofar that my job uniform is the same for men and women, there are differences in tailoring but the uniform itself is the same, the policy re makeup is also the same = none.
                    Piercings = none
                    Hair must be off the collar both for the girls and the boys, so ladies good luck having that bun, chaps, short back and sides please!
                    The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it. Robert Peel

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