Employers Can Discriminate!

Fisher Phillips
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For some employees who can't figure out why they are not getting that promotion, the answer could be as simple as looking in the mirror. Grooming and personal appearance are playing an ever-increasing role in workplace raise and promotion decisions. A recent CareerBuilder.com survey listed the following as the top reasons that would make an employer less likely to offer an employee a promotion:

1. Piercings

2. Bad Breath

3. Visible Tattoo

4. Wrinkled Clothes

5. Messy Hair

6. Casual Dress

7. Too much perfume or cologne

8. Too much makeup

9. Messy office or cubicle

10. Chewed fingernails

11. Too suntanned

Is not giving an employee a promotion because of their bad breath or fingernails illegal? Some employees might think so, but generally speaking, the answer is "no." You are legally free to deny that new corner office to employees because they have bad breath or dress as though they just came from the beach. This is one of those areas where employers actually can discriminate, because discrimination based on such characteristics does not violate Title VII – unless issues of race, religion, sex or national origin are intertwined.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Fisher Phillips

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Fisher Phillips
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