Recall that the ADA prohibits discrimination if a person is perceived as being limited by a disability, regardless of whether that person is actually limited by a disability. According to the EEOC, one such case in which appearance preferences resulted in illegal discrimination occurred at a McDonald’s in Northport, Alabama. Samantha Robichaud had a cosmetic disfigurement, called a port wine stain, which covered the majority of her face. Robichaud began working at McDonald’s as a cook but said she accepted that position with the assurance she would have the opportunity to be promoted into management. To obtain such promotions, McDonald’s requires employees to be cross-trained and rotated into several of the jobs at the restaurant, including serving customers at the counter. Robichaud worked at the front counter for a while but was removed because of her appearance. She was later told that she would
56Puhl, R., & Brownell, K. D. (2001). “Bias, Discrimination, and Obesity.” Obesity Research, 9(12): 788-805.
How does the experience of Asian Americans in California with employment discrimination at ANF contrast with the perception of Asian Americans as a group that does not experience employment-related discrimination?
Choose a retail store in your area or use a catalog to document (in one visit) the racial, gender, and age composition of the sales associates (or models, if a catalog). What diversity-related factors are visible from your report?
Sources: Greenhouse, S. J. (2003, June 17). “Clothing Chain Accused of Discrimination.” New York Times; Chin A. (2002, April 23). “Why Abercrombie and Fitch Still Doesn’t Get It.” http://www.modelminority.com/joomla/ index.php?option=com_content&view=article&id=65: why-abercrombie-and-fitch-still-doesnt-get-it&catid=44: media<emid=56, accessed August 9, 2010; ” Lieff Cabraser and Civil Rights Organizations Announce Abercrombie & Fitch Charged with Employment Discrimination in Federal Class Action Lawsuit.” http://www.afjustice. com/press_release_01 .htm, accessed August 9, 2010; Holmes, T. E. (n.d.). “Abercrombie & Fitch’s Discrimination Woes.” http://www.blackenterprise.com/Exclusivesek Open.asp?id=387, accessed September 27, 2004; Leung, R. (2004, November 24). “The Look of Abercrombie & Fitch.” http://www.cbsnews.com/stories/2003/12/05/ 60minutes/main587099.shtml, accessed August 8, 2010.
Save your time - order a paper!
Get your paper written from scratch within the tight deadline. Our service is a reliable solution to all your troubles. Place an order on any task and we will take care of it. You won’t have to worry about the quality and deadlinesOrder Paper Now
never be able to receive a management position because of her appearance. The EEOC in Birmingham, Alabama, found Robichaud’s case to be meritorious and, after failing to reach a conciliation agreement with the restaurant, filed its first suit involving facial disfigurement in Alabama.
Other situations involving questionable appearance requirements concern employers’ restrictions against facial hair, preferences for hair color of a person’s ethnic origin, suggestions that women wear makeup or certain hairstyles, and limitations on religious apparel at work. Such requirements may constitute religious, racial, ethnic, or gender discrimination. Restrictions against beards have been challenged by African American men, who sometimes experience a painful condition called pseudofolliculitis barbae, or “razor bumps,” as a result of shaving. As discussed in Chapter 12, requirements that women not wear head coverings can result in religious discrimination. Other companies accused of appearance-related discriminatory conduct include Federal Express, Enterprise Rent-A-Car, Alamo Rent-A-Car, Price Waterhouse, and Jean Louis David Salons.