Forums
Male Ear Piercing, Bad?
Legal Forum
Male Ear Piercing, Bad?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
My company, a restaurant, has a discriminatory dress code policy in which male employees may not wear earrings, even as they heal. Males a re forced to romove them from their ears while on duty. Femal
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId17311
Forums » Topic Forums » Legal Forum » Male Ear Piercing, Bad?
|
Male Ear Piercing, Bad?
posted at 6/12/1999 2:22 PM EDT
|
Posts: 20
First: 6/12/1999 Last: 12/2/1999 |
My company, a restaurant, has a discriminatory dress code policy in which male employees may not wear earrings, even as they heal. Males a re forced to romove them from their ears while on duty. Female employees, on the other hand, have the right to wear two sets according to this dress code. I, and many others I have spoken with, think that this is indeed an unfair discriminatory policy. This includes a District Court Judge. (See Earwood v. Southeast Continental Lines, Inc. 2d 4th District, Disenting Judge's Opinion)
I have spoken with my management team, all of whom agree with me, but who have no power over this large a problem. I was referred to my Area Director. I asked him the company's reasoning. I was told that the company felt that customers over age 40 would discontinue their patronage of this restaurant if males were permitted to wear earrings. Since my discussion with the Area Director, I have conducted a survey. This survey, so far, has shown resounding support to my argument that the company is wrong. I have attempted, twice now, to set up a meeting to discuss my grievence with the Area Director, and have so far recieved no reply. What should I do?! I am trying to play by their rules, but am being turned down flat. I have tried the EEOC, but have been refused by them without their even seeing the arguments I have set up, only the subject. |
|
|
Male Ear Piercing, Bad?
posted at 6/12/1999 9:50 PM EDT
|
|
Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
No, male ear-piercing isn't bad, however , as posted before, regardless of our personal preferences, your employer has the unadulterated right to demand that its employees reflect the image that it considers to be in its best business interest. Freedom of expression, including what many consider basic First Amendment rights, are left outside the door when dealing in the workplace.
|
|
|
Male Ear Piercing, Bad?
posted at 6/13/1999 12:57 AM EDT
|
|
Posts: 20
First: 6/12/1999 Last: 12/2/1999 |
I have made no mention of First Amendment rights in my posting. Indeed, I am arguing under the Fouteenth Amendment, under the Equal Protection Clause. My arguments are ased on fairness and equal treatment, not, "But I WANNA be pierced!"
There are a few cases where certain thing could be denied. i.e. undergarments However there is no way around that particular problem without out extensive cosmetic surgery. Some would say but males having their ears pierced is just wrong. How so, and if it is true why isn't it wrong for females? Many may also say that it's their comany and they may make employees dress however they see fit. I agree, as long as it's fair. If females have to wear a neon green hat, then so should males. Some also argue that companies have the right to set differing dress codes. I whole-heartedly disagree with this argument. What gives them this right when there are so many laws in place to protect against this treatment? Or, on a more fundamental level, how could they ethically do this after all the years spent on trying to achieve equality, by individuals and groups alike? |
|
|
Male Ear Piercing, Bad?
posted at 6/13/1999 5:15 PM EDT
|
|
Posts: 38
First: 6/9/1999 Last: 10/26/2004 |
Of, course we have to offer a disclaimer here. Our answering this query does not constitute the giving of legal advice and/or create an attorney client relationship.
I agree with the two prior responses regarding the summary of the law. Here are my points. Point First: You referred to a dissenting judge's opinion (that means the other judges did not agree with him, so he LOST) and the fact that the EEOC (the federal agency charged with enfocing laws against sex discrimination) rejected your claim. It should be pretty clear that the law, at least on a federal level, is pretty much against you. Dress codes that distinguish between men and women are generally lawful. Point Second: While we have come a long way in the equity department, let's not forget that there are differenced between men and women. (Viva La Difference!) The law simply recognizes this reality. I would opine that no law should ever be passed requiring an employer to create single sex rest rooms. Point Third: Any change in the law, as you advocate, will probably have to come from the state legislatures and/or Congress. |
|
|
Male Ear Piercing, Bad?
posted at 6/13/1999 6:24 PM EDT
|
|
Posts: 1
First: 6/13/1999 Last: 6/13/1999 |
Companies today must realize that the employees that will move their objectives forward are the post baby boomers, namely generation X. They should realize that a person with any type of piercing, male or female, can be one of their most productive workers. However, many companies are concerned with having a conservative image.
You seem to want equal treatment for males and females. Do you know that many dress codes state the females must wear nylons or hose? Have you ever worn a pair of panty hose in 90 degrees? Why aren't we hearing from the females who endure that over the men who can wear loose fitting cotton pants? There are other companies and organizations that would accept you as you appear. Maybe these are the establishments where you should seek employment. |
|
|
Male Ear Piercing, Bad?
posted at 6/13/1999 11:34 PM EDT
|
|
Posts: 20
First: 6/12/1999 Last: 12/2/1999 |
I belive you are right, this has been discussed here before. And I have yet to see reasoning for "A company has a right to implement any dress code it wants." Please, someone show me where this right comes from. I mean, I do not argue dress codes, only their fairness. If they choose to draw a line with piercings at two sets in the ear lobe, fine. But it should apply to all employees not just one sex. I have provided ethical and legal backing to my argument. I would like to see everyones support for an argument against it. |
|
|
Male Ear Piercing, Bad?
posted at 6/13/1999 11:39 PM EDT
|
|
Posts: 20
First: 6/12/1999 Last: 12/2/1999 |
Susan,
I must say that is is quite unfair to require females to wear nylons or hose. If I were you and wanted this changed, I would go by the same guideline females used to change the skirt/dress only from the '50s. Women used an "unfair burden" argument. Where they showed that they had to endure an unfair burden by wearing only dresses or skirts. i.e. they became cold with no protection on their legs during winter months. In this case I would argue having to endure extreme heat during the summer. |
|
|
Male Ear Piercing, Bad?
posted at 6/13/1999 11:46 PM EDT
|
|
Posts: 20
First: 6/12/1999 Last: 12/2/1999 |
Dear Sir,
Point First: the fact that the dissenting Judge "LOST" was due to the fact that the case I referred to only concerned males. Females were not involved in the case. As for the EEOC, they never heard out any arguments. They heard the topic and said no. No meeting or conversation.I most certainly hope your law firm does not do that with it's potential clients. Point Second: Unisex rest rooms?! Where do you get single sex restrooms out of a unisex dress code? Point Third: I agree with you there, however I post here to see peoples' arguments. Bu showing their reasoning it will be easier for me to set up my arguments to shoot those of the company down. As of right now I am in the midst of my company's grievence procedures. I sincerely hope it does work out. If not I will have to decide if I actually want to press this to a legal argument. |
|
|
Male Ear Piercing, Bad?
posted at 6/14/1999 2:42 AM EDT
|
|
Posts: 434
First: 6/14/1999 Last: 4/25/2001 |
Psychodoughboy:
I think you've carried this about as far as you can on this forum. You got some very good - and free - advice from a top labor attorney which, in essence. repeated what you've been told before: employers have a legal right to direct the dress of their employees. They can require uniforms, they can require shined shoes, they can require that women wear skirts, and they can require that employees not have metal rings stuck in their faces. As far as your "right" to wear an earring, the employer has the right to determine that it's reasonable and customary for women to wear earrings and that it's not for men. And that's a real, legally protected "right" of the employer, not just wishful thinking. You can pursue this all you want to. The EEOC has told you that you don't have a case. There's an abundance of case law that will also tell you that you don't have a case. If you need to prove it to yourself further, then by all means see an attorney and spend a lot of money to be told the same thing. |
Forums » Topic Forums » Legal Forum » Male Ear Piercing, Bad?
