Appearance and Weight Discrimination
Several EEOC cases have been filed concerning the physical appearance of employees. Court decisions consistently have allowed employers to set dress codes and appearance standards as long as they are applied uniformly. For example, establishing a dress code for women but not for men has been ruled discriminatory. Also, employers should be cautious when enforcing dress standards for female employees whose religions prescribe appropriate and inappropriate dress and appearance standards. Some individuals have brought cases of employment discrimination based on height or weight. Employers must link any weight or height requirements to specific job functions.
Complying with this complex array of regulations requires diligence and careful recordkeeping. Appendix G provides details on the EEO enforcement process, information about records retention, and the investigation process.
