ction against discrimination under disability law, but many individuals argue on behalf of expanding appearance protection. We cannot be too far from the day when legislation may be in place to protect against employment discrimination based on big noses, crooked teeth, fat posteriors, and lazy eyes. At present, some jurisdictions have already adopted employment discrimination legislation that protects against height and weight discrimination and other personal appearance aspects “Michigan passed a law preventing discrimination based on height and weight—the only such state law in the US” (Sessions 5).Looks discrimination does routinely occur. Many restaurant managers routinely avoid hiring unsightly and overweight men and women as waitstaff in order to enhance dining room atmosphere. Many employers resist hiring obese people because they associate obesity with laziness and physical inability. No service oriented business desires unsightly service people who have rotten teeth, multiple piercings and tattoos, are overweight by more than 75 pounds or who insist on wearing dirty and ripped clothing. Therefore, any kind of looks discrimination legislation must take into account the employer’s right to maintain a certain image in the appearance of its employees. However, while this may afford the employer the right to reject individuals who appear as those mentioned above, it should not afford them the right to reject potential employees because they have crossed-eyes, huge noses, burn scars, large bottoms, effeminate men or hairy-lipped and hairy-armed women. The wording of looks discrimination legislation might prove most effective if it borrows from Title VII’s measure of discrimination against race “If an employment practice which operates to exclude blacks cannot be shown to be related to job performance, the practice is prohibited” (Shaping 3). Thus, all forms of looks discrimination s...
