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Can an employer legally require a GLBT employee to?
In CA, can my employer require a transgendered, but not transitioning F to M to wear makeup?
Boss is thinking of hiring a esthetician to do the staff's colors and create makeup pallette for empoyees an idea from a current management seminar to create uniformity- we are medical staff, nurses, cleaning, medical support, techinical and reception- and one of us is female apearing but gender identified male. Is it legal to require this employee to wear makeup- or for that matter, require any employee to wear specific styles and colors of makeup against their will.
2 Answers
- LesharoLv 41 decade agoFavorite Answer
In this case, no. The makeup is not central to the skills set required to perform in the occupation. If it were a modeling or acting job it would be another story. This is a clear case of gender-based discrimination and may result in a lawsuit against your employer if this employee is coerced into complying with the requirement.
Also, it should be noted that many people have a religious objection to wearing makeup and/or jewelry and this could also pose an ethical problem for them.
- 1 decade ago
An employer can not legally require any person to apply makeup in condition for employment. The only thing that they can control would be dress code (as far as certain colors or prints of scrubs, length of clothes, or style of shoes). Legally, they can list a dress code to include a clean appearance (meaning you shower and comb your hair), limit visual exposure to tatoos or piercings, and request a limited application of perfume or makeup (using less than more) .
As far as an FTM employee, the guidelines for employment can not "force" a person to dress as the other gender. As long as the FTM dresses within a reasonable dress code that applies to both genders, there is no legal right for the company to fire them. For example, most companies allow either gender to wear slacks, and collared shirts (in a business casual environment).
If your business environment continues to try to force makeup as a condition of employment have your friend contact the US Department of Labor. He can file a complaint. Also, if the situation becomes uncomfortable, I'd have him contact a GLBT legal advisor, or a Transgender Support center. They may have more information on the specifics on how to safely work with the employer without losing a job. Unfortunately, there is no anti-discrimination federal law for employment (government recently shot it down), but there are companies that are very tolerant of GLBT issues. If all else fails, have your friend research friendly companies and possibly look at switching jobs.
