So I go get my ears pierced, and I wear two small silver studs with some fake diamond stuff, and everything is going well, until I get to work, where they ask me to take my earrings out. I protest, saying that my holes will close up (I only got them done a few days before.) They have me wear some ridiculous-looking paper over it. (it was sticky, I think it was called a butterfly wound closure or something from the first aid kit.)
However, women are free to wear earrings, and do so quite proudly. Technically, dress codes limit them to one pair of earrings that their finger can’t fit inside of. Neither of these are ever enforced, of course, as sometimes many pairs of large hoops are worn.
Anyway, is this illegal discrimination? What can I do about it, short of suing my employer?
Your employer has the right to set whatever dress, grooming and appearance requirements he wants, so long as it doesn’t interfere with things such as religious practices or sexual harassment.
You know, I’ve always thought it looks just plain stupid when you walk into a store and see some of the employees with bandaids over their eye brows, labrets etc… Yea, I’m sure there’s a few old ladies who thing it’s the most amazing coincidnce that so many people seem to have injured the same spot, but really, who do they think they’re fooling. As far as I’m concerned, make 'em take it out, or let them leave it in (even if on a case by case basis*) but covering it up with a band aid looks dumb.
I have young men working for me and if one of them comes in with any metal sticking out of them, I will tell them to remove it for work. I do not want to look at it. It screams “I AM A LOSER.” Any human with metal sticking out of him/her who comes to an interview for any position is wasting their time. Yes, it is discrimating and we are still allowed at least that freedom to determine who we want to assocaite with & look at all day.
The only loser here is you, who is so insecure and close-minded that you have to dump on people who are not what you consider completely and totally “normal”.
There are no US federal laws that prevent an employer from having a dress code that allows earrings for men but not for women. However, I have heard that some local laws do require gender-neutral dress codes. Minnesota possibly?
So, employers do not necessarily have the unrestricted right to dictate dress codes of employees in all localities. If the OP lives in an area that is generally at the forefront of civil liberties legislation, he may want to look into legal protection he may have to wear earrings if they’re permitted for women. Legal protection would mean that you can 1) tell your employer about the law and see if that changes their mind and 2) if it doesn’t change their mind, you would be able to sue them if they fired you, demoted you, etc. No guarantee you would win the suit, but a local law could give you grounds to sue.
Short of legalities, I’m not sure what your best approach would be. If you had thought of it in advance, you might have tried asking nicely before getting the earrings. If you are in a progressive industry or have no customer contact, you might try appealing to the fact that times have changed, stress that you will stick with simple earring styles and are not trying to be disruptive, but feel that in this day and age the earrings do enhance your appearance.
Or, wear the tape until the holes are established. By now I have probably gone close to a year without ever wearing earrings and the holes don’t close up at all.
I’m sure the feeling is mutual. This particular loser has had his ear pierced for 21 years now. In that time he has had two children, gone back to school for a degree that has made it possible for him to be published several times, been on his church’s governing board and coordinate its lay ministry. And, at the moment, this loser is also contemplating a master’s degree in biochemistry. This particular loser has also not been disriminated against because of his pierced right ear, because this loser makes sure that he works in an open, tolerant workplace.
hehehe. I have 12 piercings in my left ear. My right tragus is done. That’s it above the waist. Luckily I am a veterinarian and own my own practice. I employ some of the greatest people I’ve ever known, and they all have assorted piercings. When I run across people with your attitude I ask them to find another veterinarian, which sucks for them as I am pretty damn good at what I do.
To the OPer: you could always try monofilament nylon (heavy fishing line) for an invisible form of jewelry so that the piercings can heal.
Back to the OP. You can’t do anything. Even the U.S. military has different dress restrictions for men and women. Many people think that there are many more things covered under anti-discrimination laws than there really are.
Most states are work at will states which means that you may quit for any reason but also that your employee may fire you for any reason or no reason at all barring a violation of one of the protected categories of discrimination.
Would it be any different if he overheard management saying something to the effect of, “Hey, did you see the new girl with all her jewlery?” in reference to him?
Ok, then, I think I will continue covering them up until my 6 weeks of healing or whatever is over. If they can stand to look at me with stupid looking white things on my ears, I can stand to wear them. Honestly, I’d be more embarrassed to have an employee who wore what look like post-it flags on his ears than one who wore small earrings.
Either way, I’d have to go masturbate on someone’s food or something to lose my job right now, and I know they wouldn’t fire me over earrings anyway. I would just like to be able to wear them without being harrassed for it. And I’m not losing out on raises, because I don’t get any. My store manager says I make enough money as it is. :rolleyes:
Where is this list of states like MN with gender-equality dress code laws?
I work for New York state. Several years back Albany sent out a new policy for our agency saying that male employees could not have pierced ears (which was later amended to any visible piercings). This was challenged on the basis that female employees were allowed to have pierced ears. Being a government agency, the state could not have seperate codes for men and women. So they prohibited women from wearing earrings at work.
On a related note, some people were dying their hair colors like purple or green. The agency put out a policy saying nobody could die their hair. Obviously this was a non-starter. They quickly amended it to say nobody could die their hair “an unnatural color”.
On a personal level, my fashion sense is as conservative as they come. But I’ve never tried to enforce it on anyone else. It’s sad watching a bunch of middle-aged men trying to push a younger generation into compliance with the fashion standards of their own youth.
My last employer had that line in their dresscode (only they spelt it “dye”). I really, really wanted to point out that blue does, in fact, occur in nature.
Also, wouldn’t any color other than that which you grew be considered “unnatural”, in your specific instance? Bleached blonde hair is unnatrual for a brunette.
As a graduate from a liberal east-coast school, working in a very image-conscious job, I’m furious about the way society equates asthetics with competancy and professionalism. I take my job just as seriously when I roll my sleeves up or unbutton the top button on my shirt, only I’m more comfortable and thus, more productive. That said, short of politely asking management to explain how a little jewlery diminishes the performance of you and those around you, I can’t see what’s to be done.
The case probably most directly on point is Harper v Blockbuster out of the 11th Circuit. There the court of appeals ruled that it was not illegal discrimination for Blockbuster to require male employees with long hair to cut it while not requiring the same of female employees. By extension it would probably not be illegal in the 11th Circuit to require that male employees not have visible piercings while allowing female employees to have them. From what I can come up with online, it appears Blockbuster does allow male employees to have pierced ears, limit of one per lobe (same as for females).
As for the idea that men with pierced ears are by definition “losers,” well, that says more about the person who holds the belief than the men with piercings.
