A reader writes:
There’s a small family-owned butcher store close to me. They record job postings on their Fb web page, and I’ve seen each time they publish for counter employees, that they embrace “clean-cut” or “clean-cut look” of their record of necessities for candidates. I don’t imagine that is particularly about meals dealing with/sanitation necessities, for the reason that workers at present working on the counter there don’t put on hair nets or hats.
This bothers me, largely as a result of it feels mistaken 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 will additionally exclude tattoos, goth model, brightly-colored hair, extra-large our bodies, or something aside from pretty generic-looking white individuals. I do know I personally would really feel uncomfortable making use of there with “clean-cut” included, so I believe 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 believe not, primarily based on the existence of the Hooters chain, however perhaps 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 primarily based 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 model, and different particular look decisions (once more, so long as they make exceptions for protected lessons).
There are a number of jurisdictions within the U.S. that prohibit look discrimination, however they’re the exceptions and are normally narrowly outlined. For instance, Michigan prohibits discrimination primarily based on peak or weight, however not different appearance-related traits. Santa Cruz, Calif. protects bodily traits from “start, accident, or illness” which might be 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 suppose you’re most likely studying extra into “clean-cut” than is usually meant, a minimum of when it comes to assuming it’s code for white (however I also can see how you bought there, given our historical past).
As a result of the time period does permit a lot room for interpretation, it will be higher for any employer utilizing it to spell out precisely what it means to them — since for all we all know, they’re effective with tattoos however hate lengthy hair on males, or it’s actually nearly facial hair, or any variety of different potentialities.