Can an Employer Require Female Employees to Wear Makeup? Small Business

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In the historic case, Price Waterhouse v. Hopkins, the Supreme Court ruled in the plaintiff's favor in a sex discrimination case when she was passed over for a promotion after receiving evaluations from male supervisors that said she should “walk more femininely, talk more femininely, dress more femininely, wear make-up, have her hair styled, and wear jewelry." However, the courts made a distinction between cases that involve passing over an employee in a manner such as this and in establishing a grooming code, provided that the employer comply with certain requirements.

Grooming and Dress Code An employer may legally establish a dress code for employees that requires female employees to wear makeup. Similarly, an employer can set parameters regarding appropriate dress and grooming, including prohibiting women from wearing too much makeup. Employees who believe that they have been discriminated against because of their sex typically pursue a Title VII claim, but cases dealing with dress codes have generally upheld an employer having a makeup policy.

Maintaining a Public Image An employer can require female employees to wear makeup to present a "professional image." This is especially true if the employees are expected to be around the public, which justifies imposing more rules on some employees in comparison to others. Some jobs that may require employees to wear makeup include waiters, bartenders, newscasters, reporters and retail associates.

Bona Fide Occupational Qualification An employer may refuse to hire or promote a person for not wearing makeup if this characteristic is considered a "Bona Fide Occupational Qualification" of the job. This means that this characteristic is reasonably necessary to complete the job.

Unequal Burden Employers can legally require women to wear makeup as part of an established dress code; they can impose such restrictions on female employees while not burdening male employees at a similar level. While some plaintiffs have tried to show that requiring women to wear makeup takes more time and costs more money, thus being a greater burden on women than men, these arguments have not proven successful as of the date of publication.

Other Considerations Courts may also assess whether a dress or grooming code complies with social norms in determining whether a policy is valid. If the policy has an adverse effect on individuals of a certain racial group, the policy may be unlawful.

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