Gendered appearance norms: An analysis of employment discrimination lawsuits, 1970–2008

Abstract

The formal and informal regulation of employees' appearance is a routine component of organizational life. In our research, we analyze appearance-related employment discrimination lawsuits. These cases involve organizational dress codes, grooming policies, and employers' attempts to regulate employees' appearance with regard to weight, hairstyles, religious attire, body art, and more. Men and women who refuse to comply with appearance norms face termination of their employment, promotion denials, lower wages, transfers, not being hired in the first place, and other workplace sanctions. Our focus on court deliberations and decisions allows us to explore not only the gendered nature of appearance policies themselves but also how the legal system supports, reinforces, codifies, or, conversely, deems unacceptable such policies. Our data demonstrate that organizations and courts are likely to support appearance norms that reinforce traditional ideas about femininity and masculinity.

Citation

Nell Trautner, M. and Kwan, S. (2010), "Gendered appearance norms: An analysis of employment discrimination lawsuits, 1970–2008", Williams, C.L. and Dellinger, K. (Ed.) Gender and Sexuality in the Workplace (Research in the Sociology of Work, Vol. 20), Emerald Group Publishing Limited, Leeds, pp. 127-150. https://doi.org/10.1108/S0277-2833(2010)0000020009