it has been decided by the Ninth Circuit Court of Appeals that employers can legally FIRE any woman who refuses to wear makeup on the job, for whatever reason. Also we can be fired for not doing our makeup "well" enough.
This is in effect now in CA, WA, OR, NV, AZ, ID and MT
It's not considered discriminatory by the court because it is "equal" to a law forbidding men from wearing makeup on the job. (although NOT wearing makeup takes significantly less time and money and skin irritaion than wearing it.)
This is in effect now in CA, WA, OR, NV, AZ, ID and MT
It's not considered discriminatory by the court because it is "equal" to a law forbidding men from wearing makeup on the job. (although NOT wearing makeup takes significantly less time and money and skin irritaion than wearing it.)
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Re: makeup and employment
Fri, January 21, 2005 - 3:24 PMThat's totally fucked up! Once again the male patriarchy is exercising their right to "define" the way they think women should be. That totally pisses me off, and is really really twisted. Unfortunately I was already kinda aware of this, but didn't know it was legal, I thought it was just masoginistic cheovanistic bosses, and this "law" allows them to be so.
The "equality" that their talking about doesn't make any sense either. I mean, requiring any of women or woemen, women identifying etc people to wear make up, and then flipping it so that all those male, male identifying etc people can't wear make up on the job still puts women in an more damaging place. As you pointed out Fringe, not wearing make up does take significantly less money, time and has no skin irritation involved or allergic reactions. Personally that makes me kinda fucked if I ever apply for a job that requires make up to be worn(gods I hope I don't have to) because I have never worn more then lipstick ever in my life. I don't even KNOW HOW to put on make up, don't even bother with the whole goth make up cause my skin is pale enough and just never cared to spend all that money and time to go with an "artificially pale look," and am already pale enough. Thanx so much for the info fringe, I knew that there was a lot of sexism and harassment that exists in the job market, but didn't know that make up wearing was factored in as well.
Hugs,
Sincerly,
Ariel Archaicflame
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Re: makeup and employment
Sat, January 22, 2005 - 1:15 PMTrusting that this is indeed serious, it's reduculous yet hardly surprising.
Being that we live in such a face value society, it does not surprise me at all that one could view cosmetics essentially as a lifeblood. We constantly hear about people who 'climb up the ladder faster" because they're better looking and studies have confirmed that. Years of TV commercials depicting women in slinky dresses, makeup, and wearing six inch heels while trying to cook dinner is an example of how society places greater value in aesthetics than in practicality or substance.
I don't think this will end until popular culture starts saying that this kinda stuff is wrong. That hiring people based on looks rather than ability is rediculous. That having employees dress in "good looking" yet unhealthy and impractical attire is pointless.
Most people have too short of an attention span to either read or listen to the radio for information, so popular TV shows will have to do the job.
I'm just bubbling with enthusiasm at the prospects of that happening.
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Re: makeup and employment
Thu, January 27, 2005 - 1:39 PMthis law is very new, just in 2004. someone sued her employer for making her wear the shit and teh judge ruled in favor of the employer.
I see this as less of what "society" wants and more about Bush & Co.'s religious backlash against feminism, the gay rights movement, anti-racism laws, etc. Things will get worse. My only hope is that Americans will rise to the challenge and stand up for what we need - the human right to determine our actions, the right to surive and thrive and be educated and etc. etc. Personally, I had to reach a point of suicide before being willing to take a stand, and if everyone has to do this, it might take too long to build a resistance ...
We'll see. -
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Re: makeup and employment
Mon, January 31, 2005 - 5:45 AMI can hardly believe such a sexist law could be passed in this day and age. Such a strange law...it seems like an excuse be able to fire any woman you want, for not doing their makeup 'well' enough. Is that determined by a judge too? I mean, it's a matter of opinion. It's so ridiculous, I don't think it will be in place long....hopefully.
But in response to:
<<I see this as less of what "society" wants and more about Bush & Co.'s religious backlash against feminism, the gay rights movement, anti-racism laws, etc. Things will get worse. >>
I just wanted to say that everything just keeps moving forward. Gay rights, feminism, and so forth are the direction that the country is taking, and even despite setbacks like this it will continue to move forward. We take small steps back but huge ones forward. I don't think there's any going back to the way things used to be. Even a president who passes an unfavorable law will be gone in four years, and his law along with him. I think these things are unstoppable and if only people would chill and stop resisting them we'd all be a lot better off a lot sooner. Cause it's going to happen no matter what, gay marriage will be legal, women will finally have equal rights; it's all going to happen (relatively) soon, it's just a matter of time. -
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Re: makeup and employment
Wed, February 2, 2005 - 3:55 PMchristy,
i like your optimism.
we are in fact moving forward all the time. but 'forward' motion doesn't mean that we are naturally moving toward what we think would be a better society. a lot of what you said about the president's laws 'going with him' is like what anti-abortion people say about a woman's right to choose, that it's just a fluke that will eventually be overturned.
things don't move in a straight line toward anything... i mean, in germany in the 1920 and early 30s, the political system was one of the most liberal and representative in the world. until hitler convinced the representative government to put him in ultimate (and 'temporary') control, homosexuals and women had a lot of rights that were later stricken.
i think it's important to fight against all these right-wing attacks. Because what bush does will matter for decades and maybe centuries. Bush will appoint judges to the supreme court that can be in that position of power for 50 years! If abortion rights are taken out of the constitution, who knows how long we will have to struggle to put them back in, ditto with a federal marriage amendment, etc, and even this make-up thing. Maybe this law will be temporary, but ONLY if it is challenged until it is overturned. that requires effort.
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Re: makeup and employment
Sun, May 15, 2005 - 4:50 PMI didn't believe it so I looked it up and she is right Jespersen v. Harrah's Operating Co., 392 F.3d 1076 (9th Cir., 2004). The employee was terminated after she refused to adhere to the employer's new policy, which required certain female employees to wear makeup. The employee alleged that the employer's policy discriminated against her on the basis of sex and constituted disparate treatment, in violation of 42 U.S.C.S. ยง 2000e-2(a). The district court granted summary judgment for the employer, holding that the employer's policy did not constitute sex discrimination because it imposed equal burdens on both sexes. The employee appealed, arguing that the makeup requirement imposed innumerable tangible burdens on female employees that male employees did not share because cosmetics could cost hundreds of dollars per year and putting on makeup required a significant investment in time. There was, however, under the unequal burdens test, no evidence in the record from which the court could assess the burdens that the employer's new policy imposed on male employees and whether the employer's grooming requirements exceeded whatever burden was associated with ordinary good-grooming standards.