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Article
Publication date: 1 January 2013

Frank J. Cavico, Stephen C. Muffler and Bahaudin G. Mujtaba

The article aims to provide a discussion of societal norms concerning “attractiveness,” the existence of appearance discrimination in employment, the presence of “preferring the…

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Abstract

Purpose

The article aims to provide a discussion of societal norms concerning “attractiveness,” the existence of appearance discrimination in employment, the presence of “preferring the pretty”, and then the authors examine important civil rights laws that relate to such forms of discrimination. Finally, the authors apply ethical theories to determine whether such discrimination can be seen as moral or immoral.

Design/methodology/approach

It is a legal paper which covers all the laws related to discrimination based on look. Court cases and Americans laws related to this concept are reviewed and critically discussed.

Findings

The paper finds that appearance‐based discrimination is not illegal in the USA so long as it does not violate civil rights laws.

Research limitations/implications

This research is limited to Federal and State laws in the USA and may not be relevant in other countries as the local laws might vary.

Practical implications

Managers and employees can protect themselves in the workplace from illegal discriminatory practices.

Social implications

Employees know their rights and enhance their understanding of laws related to appearance, attractiveness, and why companies look to hire those who are considered “handsome”, “pretty” and “beautiful”.

Originality/value

This is an original and comprehensive paper by the authors.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 32 no. 1
Type: Research Article
ISSN: 2040-7149

Keywords

Book part
Publication date: 27 November 2023

Bahaudin G. Mujtaba, Frank J. Cavico and Tipakorn Senathip

Appearance is part of a person's non-verbal communication, and looks are often associated with the perceived ‘attractiveness’ of individuals for hiring practices in the workplace…

Abstract

Appearance is part of a person's non-verbal communication, and looks are often associated with the perceived ‘attractiveness’ of individuals for hiring practices in the workplace. As such, physical attractiveness can be a ‘prized possession’ when it comes to leaving a positive impression on managers who are interviewing candidates. In the twenty-first century environment, our society seems to be more obsessed with physical appearance than ever before because society has conditioned us to associate beauty with other favourable characteristics. Of course, such appearance norms, regarding attractiveness, ‘good looks’ and beauty are linked to years of socialisation in culture, cultural norms and materialistic personality standards.

In a business context, managers and employers often make hiring decisions based on the appearance and attractiveness of the job applicants since outward appearance seems to play a significant role in which candidates eventually might get the job. Physically attractive job applicants and candidates tend to benefit from the unearned privilege, which often comes at a cost to others who are equally qualified. Preferring employees who are deemed to be attractive, and consequently discriminating against those who are perceived as unattractive, can present legal and ethical challenges for employers and managers. In this chapter, we provide a discussion and reflection of appearance-based hiring practices in the United States with relevant legal, ethical and practical implications for employers, human resources professionals and managers. We focus on ‘lookism’ or appearance discrimination, which is discrimination in favour of people who are physically attractive. As such, we examine federal, state and local laws regarding appearance discrimination in the American workplace. We also offer sustainable policy recommendations for employers, HR professionals and managers on how they can be fair to all candidates in order to hire, promote and retain the most qualified professionals in their departments and organisations.

Details

The Emerald Handbook of Appearance in the Workplace
Type: Book
ISBN: 978-1-80071-174-7

Keywords

Book part
Publication date: 27 November 2023

Adelina Broadbridge

Abstract

Details

The Emerald Handbook of Appearance in the Workplace
Type: Book
ISBN: 978-1-80071-174-7

Book part
Publication date: 27 November 2023

Joy V. Peluchette and Katherine A. Karl

While there is some evidence of bias against curly hair, this chapter provides a more comprehensive analysis by examining comments made by women about their hair experience, how…

Abstract

While there is some evidence of bias against curly hair, this chapter provides a more comprehensive analysis by examining comments made by women about their hair experience, how it affects their identity, their experiences in the workplace and the challenges it presents to them in their decision to straighten their hair or leave it naturally curly. Utilising a qualitative inductive approach, we identify themes in the comments that could be tied to relevant theories and provide a framework for future research. This chapter also includes an empirical examination of individual beliefs regarding the impact of female hair texture (curly vs. straight hair) on others' perceptions of her and her workplace outcomes. Responses from 235 participants show that straight-haired women were rated significantly higher than curly haired women on job characteristics that are important to professional positions. Thus, a bias against curly haired women appears to exist in the workplace.

Details

The Emerald Handbook of Appearance in the Workplace
Type: Book
ISBN: 978-1-80071-174-7

Keywords

Book part
Publication date: 27 November 2023

Nicole C. Jones Young and Kemi S. Anazodo

Criminal history has been conceptualised as a socially stigmatised identity. From this perspective, we can understand criminal history as invisible, concealable and ‘not readily…

Abstract

Criminal history has been conceptualised as a socially stigmatised identity. From this perspective, we can understand criminal history as invisible, concealable and ‘not readily apparent to others’ (Chaudoir & Fisher, 2010, p. 236). Although previous periods of incarceration cannot be detected per se, during this chapter, we present several elements, such as embodiment, appearance-based inferences (i.e. assumptions of what a criminal history looks like), and information as proxy (e.g. résumé gaps, credit history), which may contribute to individual assessments and interpretations of the appearance of a criminal history. Once perceived, these elements may contribute an array of unique career experiences as individuals with a criminal history seek to navigate their employment experience. Therefore, this chapter offers insight into how the appearance of criminal history information, particularly when presented without a thorough explanation, may be left to interpretation and bias throughout the employment experience.

Details

The Emerald Handbook of Appearance in the Workplace
Type: Book
ISBN: 978-1-80071-174-7

Keywords

Article
Publication date: 26 December 2023

Bahaudin Ghulam Mujtaba

This paper aims to provide a historical overview of AA, its purpose and benefits, the legal rationale for the SCOTUS ruling and what it means for colleges and the workplace…

Abstract

Purpose

This paper aims to provide a historical overview of AA, its purpose and benefits, the legal rationale for the SCOTUS ruling and what it means for colleges and the workplace regarding equitable opportunities for minority groups (which include women, Blacks, Hispanics, Asians and other low-income populations), as they aim for the “American dream”.

Design/methodology/approach

SCOTUS decision and rationale, along with literature.

Findings

The race-based affirmative action (AA) precedent was recently overturned by the Supreme Court of the United States (SCOTUS) in the case of Students for Fair Admission (SFFA), Inc. vs President and Fellows of Harvard College/University of North Carolina. SCOTUS ruled that race cannot be a specific basis for college admission. In other words, public and private colleges and universities will no longer be able to consider “race” as a factor in deciding which qualified applicants should be admitted to enhance the diversity of their student body.

Originality/value

This is an original analysis.

Details

Equality, Diversity and Inclusion: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2040-7149

Keywords

Book part
Publication date: 27 November 2023

Beth Wood and Adelina Broadbridge

This chapter investigates the issue of tattoos and examines whether the presence of visible tattoos still influences front line workers' employment chances. It finds that…

Abstract

This chapter investigates the issue of tattoos and examines whether the presence of visible tattoos still influences front line workers' employment chances. It finds that irrespective of a general societal shift towards greater tattoo acceptance and integration into modern society, negative stereotypes about tattoos still exist. Acceptance of tattoos in the workplace was dependent on the nature, size and location of the tattoo, as well as the occupation in question, and individual customer characteristics. Respondents were generally more accepting of tattoos on people nowadays. However, there was concern that employees with visible tattoos may still face stigma in the workplace. The findings revealed that most people will cover up a tattoo during an interview out of fear of negative discrimination by the interviewer.

Details

The Emerald Handbook of Appearance in the Workplace
Type: Book
ISBN: 978-1-80071-174-7

Keywords

Book part
Publication date: 18 November 2020

Mehmet Ali Turkmenoglu

The aim of this chapter is to examine appearance-based discrimination in the workplace. Modern society is exalting beautification and good looking, which affect not merely social…

Abstract

The aim of this chapter is to examine appearance-based discrimination in the workplace. Modern society is exalting beautification and good looking, which affect not merely social relations but also the process of employment. It is argued that employees who have ‘good looking’ are recruited, paid more and promoted rapidly, while those who have ‘wrong looking’ discriminated against. Therefore, the chapter explores how individuals encounter discrimination in the workplace due to their appearance during the decision-making process of employers. It emerges from the literature that discriminating based on appearance is not illegal in almost all countries. However, it is publicised by lawsuits against employers. There are several measures that need to be taken at different levels in order to forestall discriminatory practices. At the individual level, an embracing attitude should be internalised. A merit-based recruitment strategy should be adopted by employers. Finally, new anti-discrimination laws and regulations must be passed by authorities to tackle with ugly discriminatory practices.

Details

Contemporary Global Issues in Human Resource Management
Type: Book
ISBN: 978-1-80043-393-9

Keywords

Content available
Book part
Publication date: 11 July 2022

Nicole C. Jones Young

Abstract

Details

Now Hiring
Type: Book
ISBN: 978-1-80262-085-6

Article
Publication date: 15 June 2023

Anna-Maija Lämsä, Merle Ojasoo, Marjut Jyrkinen and Raminta Pučėtaitė

Appearance-based discrimination in workplaces based on an employee's physical appearance is a legal and ethical problem. This study provide important research findings concerning…

Abstract

Purpose

Appearance-based discrimination in workplaces based on an employee's physical appearance is a legal and ethical problem. This study provide important research findings concerning such discrimination in Estonia.

Design/methodology/approach

A qualitative case study strategy and narrative inquiry were used. The information which was gathered for the research consists of three cases which concern appearance-based discrimination against young women. Information for two of the cases was gathered together by means of open interviews. Information for the third case is based on articles which were found in Estonian daily newspapers.

Findings

Covert and overt discrimination based on an employee's physical appearance can occur in Estonian workplaces, even though discrimination and inequality are not tolerated in public and all forms of discrimination are illegal in Estonia. The appearance norms, which frame perceptions of attractiveness and unattractiveness, may at times be rather narrow and stereotypical in Estonian workplaces. The attempts by employees to resist such discrimination in an early phase of the employees' careers are generally not successful.

Originality/value

Through real-life cases, this study makes empirically visible a problem at the workplace related to employees' physical appearance in Estonia. This study makes suggestions for preventing this kind of discrimination in organisations. Narrative inquiry offers a fruitful approach for how researchers can address a sensitive problem, such as the appearance-based discrimination against the employees discussed in this study.

Details

Qualitative Research in Organizations and Management: An International Journal, vol. 18 no. 2
Type: Research Article
ISSN: 1746-5648

Keywords

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