Harassment Based on Looks

Harassment in the workplace can be a type of discrimination. If the target of workplace harassment is a member of a protected class, then the harassment would be considered discrimination and the victim could seek protection under federal and California state law. While discrimination based on looks or appearance is not specifically illegal under either federal or state law, such discrimination may implicate other types of harassment based on a protected characterization that is indeed illegal. Employers who discriminate in violation of state or federal law face serious consequences and victims of such discrimination may be entitled to compensation. If you are in need of an employment lawyer because you have suffered discrimination or harassment in the workplace based on your looks or appearance, it is important that you immediately contact an experienced Los Angeles Harassment Based on Looks Lawyer who will review the facts of you case and explain your options for filing a claim against your employer.

While it is not illegal to discriminate based on looks, various federal law such as Title VII of the federal Civil Rights Act of 1964 and the Americans with Disabilities Act make it illegal to discriminate in the workplace on the basis of race, color, religion, sex, gender, pregnancy status, age or disability. Characteristics such as gender, pregnancy status, and physical disability are observable. Similarly some religious affiliations require a distinctive dress, making it relatively easy to identify those who are affiliated with or appear to be affiliated with certain religions. For example, Muslims, Sikhs, and Conservative Jews often have a distinctive appearance.

Thus, if a disabled employee is harassed or a Muslim employee is harassed because of their “looks,” it would be difficult for the defendant to prove that the harassment or other type of discrimination was not based a protected characteristic such as disability status or religious affiliation.

Similarly, under California’s Fair Employment and Housing Act (FEHA) employers are prohibited from discriminating against employees or applicants based on a number of attributes including religion, disability, race, color, gender and national origin.

If an employee is the victim of harassment or bullying by other employees because of his or her looks or appearance, the behavior could be interpreted as harassment based on religious affiliation, disability, or some other protected classification. Examples include:

• Not allowing an employee to wear religious garb
• Making repeated derogatory comments or jokes about an employee’s religious attire
• Making repeated derogatory comments or jokes about an employee’s disfiguration or physical manifestation of disability
• Making repeated derogatory comments or jokes about the texture of an employee’s hair
• Not permitting an employee to wear a hairstyle commonly associated with an ethnic group or religion

If someone at work is harassing or bullying you because of your looks or appearance, you will have a discrimination claim only if you can show that the harassment is actually based on a protected characteristic such as your race, disability, or religious beliefs. Through a claim you may be able to recover damages. The type of damages that you may receive depends on the type of harassment. They may include back pay; front pay; lost benefits such as health, vacation, sick leave, and pension; reinstatement; reasonable accommodations; and compensatory and punitive damages. In addition, your employer may be required to implement policies and training to prevent future discrimination.

Remember that retaliation is illegal as well, so you are protected if your manager decides to use your complaint against you.

If you have been the target of harassment in your workplace what was based on your religious beliefs, race, disability or another protected characteristic, you should discuss the specifics of your case with an experienced employment lawyer right away as there are time limits to filing claims. Not only may the harassing party face serious consequences, you may be entitled to compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.