A reader writes:
There’s a small family-owned butcher store close to me. They checklist job postings on their Fb web page, and I’ve seen each time they submit for counter employees, that they embody “clean-cut” or “clean-cut look” of their checklist of necessities for candidates. I don’t consider that is particularly about meals dealing with/sanitation necessities, for the reason that workers presently working on the counter there don’t put on hair nets or hats.
This bothers me, largely as a result of it feels flawed to think about look when making hiring choices. Additionally, that exact phrasing solely references hair instantly, however to me it has 1950’s-small-town-USA connotations a la Pleasantville and so feels to me like it might additionally exclude tattoos, goth fashion, brightly-colored hair, extra-large our bodies, or something apart from pretty generic-looking white folks. I do know I personally would really feel uncomfortable making use of there with “clean-cut” included, so I think others would additionally self-select out of making use of.
Which ends up in my questions:
• Is it unlawful (within the U.S.) to make use of look as a standards for job candidates? I think not, based mostly on the existence of the Hooters chain, however possibly it’s?
• Am I overreacting or studying an excessive amount of into the time period “clean-cut”?
• If the job posting is problematic and/or unlawful, would it not be any higher if the enterprise had a well-defined costume code prohibiting facial hair, seen tattoos, non-natural hair colours, and so forth. and the job posting simply stated “should be prepared to stick to decorate code as soon as employed”?
It’s not unlawful within the U.S. to require a “clean-cut look” so long as it’s not utilized in ways in which discriminate based mostly on intercourse, race, faith, or different protected traits.
For instance, courts have dominated that employers can prohibit facial hair on workers so long as they make exceptions for spiritual practices and folks with situations that make shaving painful.
They will additionally legally prohibit tattoos, goth fashion, and different particular look decisions (once more, so long as they make exceptions for protected courses).
There are just a few jurisdictions within the U.S. that prohibit look discrimination, however they’re the exceptions and are normally narrowly outlined. For instance, Michigan prohibits discrimination based mostly on peak or weight, however not different appearance-related traits. Santa Cruz, Calif. protects bodily traits from “start, accident, or illness” which are in any other case “past the management of the particular person,” together with peak and weight (however excluding issues like costume, grooming, tattoos, and piercings).
I do assume you’re most likely studying extra into “clean-cut” than is often supposed, no less than when it comes to assuming it’s code for white (however I can even see how you bought there, given our historical past).
As a result of the time period does enable a lot room for interpretation, it might be higher for any employer utilizing it to spell out precisely what it means to them — since for all we all know, they’re nice with tattoos however hate lengthy hair on males, or it’s actually nearly facial hair, or any variety of different prospects.
