Exploring the Legalities: Is Personal Style a Federally Protected Characteristic?
As personal style becomes an increasingly visible and celebrated aspect of our lives, it’s natural to wonder whether it’s protected under federal anti-discrimination laws. While some states have explicitly included personal style in their anti-discrimination statutes, things become blurry once we look at the federal level.
The Federal Law: What Does It Say?
Federal anti-discrimination laws are quite clear when it comes to protecting people based on their race, gender, religion, national origin, or age. But what about personal style? Unfortunately, this is where things get murky. Personal style is not specifically mentioned in any of the major federal anti-discrimination statutes, such as Title VII of the Civil Rights Act of 1964.
However, there are some cases where federal courts have interpreted personal style as a protected characteristic. For example, courts have held that employers cannot discriminate against employees who wear religious head coverings, such as hijabs or yarmulkes. Similarly, employers cannot discriminate against employees who have dreadlocks, as this hairstyle is often associated with Black culture. These rulings suggest that personal style could be viewed as a characteristic protected by federal law, but they do not provide a comprehensive answer to the question.
State Laws: More Protection for Personal Style
While federal law is uncertain on whether personal style is a protected characteristic, some states have recognized the importance of this aspect of our identity. For example, California’s Fair Employment and Housing Act (FEHA) explicitly prohibits discrimination based on a person’s appearance or dress. Other states, such as New York and Michigan, have included “appearance” or “personal appearance” in their anti-discrimination statutes.
These state-level protections mean that employees in certain states may have a stronger case for claiming discrimination based on their personal style.
Why Personal Style Matters in Anti-Discrimination Law
While personal style may seem like a trivial matter, it can have a significant impact on a person’s life. We use our clothing, hairstyles, and other aspects of our appearance to express who we are and how we want to be seen by others. Discrimination based on personal style can be just as harmful as discrimination based on other protected characteristics.
Moreover, personal style can be closely related to other protected characteristics. For example, a Black woman who wears her hair naturally in an afro may face discrimination based on her race as well as her hairstyle. By recognizing personal style as a protected characteristic, we can provide more comprehensive protection against discrimination.
Conclusion
While federal law is somewhat ambiguous when it comes to personal style as a protected characteristic, some states have taken the lead in explicitly including it in their anti-discrimination statutes. However, the lack of a clear federal standard means that protection against discrimination based on personal style is not consistent across the country.
As we continue to celebrate personal style and recognize its importance, it’s crucial to work towards establishing clear protections under federal law. Until then, employees in states with stronger protections may have an advantage when it comes to fighting discrimination based on their personal style.
