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is this legal

  • Thread starter Thread starter luna
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L

luna

Guest
ok heres the deal ........ i have been working at walmart for almost 2 years now the store that i work at now is great i love ..... well i decided to move to costa mesa california and this past saturday was my last day here at the store in connecticut ..... my boss called around at the stores around my area so i could transfer to another store and just today he called me up and told me that all the stores that i had on the list that i wanted to transfer to had all said that in order to work there i would have to both dye my hair back to a normal color and to take out any body peircings (i have my tongue peirced and i have pink hair at the moment) ........ now i was wondering if there are any laws that see this as discrimination? my boss here in connecticut said he tried talkingthem into letting it be because im a good worker but he said they didnt listen. i think this is very wrong and very judgemental please tell me there is something i can do to stop this.
 


ALawyer

Senior Member
As a practical matter if you want the job, you'd have to pass an application process and if Wal-Mart does not hire people who look "wierd" (and my guess is that to typical customers you do) in Costa Mesa, you don't get the job. Call up the California dep't of Labor and ask.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 
L

lawguy

Guest
imho, pink hair and less-than-19 piercings generally do not qualify as "weird" in southern california.

unfortunately, however, there are very few limitations on employers who wish to impose an "appearance" requirement on their employees. in other words, as long as they do not discriminate on the basis of race, sex, age, disability, religion, etc., they can refuse to hire people because of how they look.

now, there have been attempts to protect obese people ("you're too fat to work here") based on the argument that the employer is discriminating against their (actual or perceived) physical condition/disability. and, someplaces like santa cruz and washington d.c. have "appearance discrimination" laws that protect people when they wear items associated with an ethnic, religious, or other protected group.

still, these local laws are quite limited, and the general anti-discrimination laws don't help much. for example, there have been several cases where employees are fired for "corn row" hairstyles (these violated the employers' rules against "all-braided" hairstyles). and, even though corn rows are generally associated with black females, the fact that bo dereck wore them in the movie "10" was cited in one court decision to uphold the right of an employer to fire employees who wore corn rows. basically, if your religion, etc. doesn't "require" you to look that way, you don't get protected.

accordingly, employers can't fire men who wear beards for religious reasons (unless the beards are a safety hazard), and this rule has protected jews, fundamental christians, and sihks. but, if you don't wear a beard for a religious reason, you can be fired for violating an employer's "no beards" rule.

so, your best shot is to join a religious organization that requires as a fundamental practice for you to dye your hair and ventilate anything that wiggles by driving a spike through it. if you do this, your appearance might be "protected," meaning you couldn't be discriminated against in the workplace for looking that way.

still, i seem to remember that one of the points of looking punk (remember when pink hair and piercings were punk?) was to become unemployable; who'd want to hire a tattooed leather punker with a bone through his nose who wore bicycle chains and a 14" purple spike mohawk?

still, as an observer of the employment law scene, let me make the observation that wal-mart is being sued by employees somewhere across the country almost every single week, and they have paid out lots of money in the last few years, for not accommodating or for discriminating against disabled people, etc., and if you were going to try to sue anyone, wal-mart would be a good choice. so, move out to california, try to get a job at wal-mart or sue them, either one, or get a job elsewhere, but in any event please keep dyeing your hair and piercing your wiggly parts cause i'm sure as hell tired of everyone else looking the same.

good luck.
 

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