Fired For Not Wearing Makeup – Discrimination, or Fair?
There's needing makeup and there's needing makeup ... to keep your job.
San Diego waitress Shenoa Vild refused to wear make-up to work – so she was canned.
Her restaurant had recently changed ownership, going from a casual, surf-inspired eatery called Trophy’s, to the more upscale Oliver.
Her all natural, beach-girl image was allegedly no longer appreciated by management.
She refused to accommodate the new “dolled up” look. She hates makeup. Says she doesn’t need it.
Was her dismissal discrimination? Or totally fair?
I find it hard to take a stand on issues like this. Usually, I can see both sides of the argument – some say I’m indecisive. Others, spineless. I like to think I’m open-minded. Or maybe just indifferent. I’m not really sure.
Anyway, in the case of the unemployed, bare-faced waitress, I offer you point/counterpoint…with myself.
Point: In Defense of the Waitress
Vild was a good waitress.
According to the Union-Tribune Columnist Michael Stetz, her former manager and fellow servers say she was a popular waitress. So good at her job that she trained other staff.
If her job was to wait tables, and she did this well, should it really matter whether or not she wears lipstick?
Now, if we were talking about personal hygiene here, it would be different. If her nails looked unkempt, her clothes unwashed or her teeth unbrushed, her dismissal would be understandable. No one wants a slob serving them their split pea soup.
This – one could argue – would be displeasing to customers. It would reflect on the cleanliness of the restaurant: bad for business. In short, it would impact her ability to do her job.
Instead, we’re talking about pure aesthetics.
And where do we draw the line? Does her boss get to decide that blush is mandatory, foundation not?
How much make-up is enough? Too much?
Firing someone based on their choice to go bare-faced is akin to firing them because they choose to wear silver jewelry instead of gold – it’s a personal preference, irrelevant to the job function.
Totally discrimination.
Counterpoint: In Defense of the Employer
When you accept a position with an employer, you agree to conforming – within reason – to the rules of that organization.
I once worked in corporate events for the finance industry. I had to wear a suit to work every day, even when we weren’t seeing any clients. I hated it. But it was a job – one I liked – and I understood that this was just part of the office culture. Did wearing a suit make me a better Conference Producer? Definitely not. In fact, I may have done a better job in my sweats. But given the choice between dressing how I felt most comfortable, and being employed, I chose the latter.
Vild’s story is no different. Wearing makeup was part of the culture of the restaurant. Dolled up women, part of its brand. If she didn’t want to represent that brand, she didn’t have to. It was her choice. I’m sure there were scores of women ready and willing to take her place.
Like it or not, work is not just about being able to do your job. It’s about being part of a larger organization. It’s about fitting in.
Her argument – that she doesn’t need make-up – is irrelevant. Is she saying her employer should only force ugly girls to wear make-up? And really, how is it any different than wearing a new uniform?
If we were talking about something she couldn’t change – like her body type or her skin color – it would absolutely be discrimination. But really – would dabbing on a little blush have killed this woman? Her employer gave her a choice.
Totally fair.
But don’t listen to me – I’m clearly schizophrenic.
What do you think?
Vegas casinos also require makeup for women; no facial hair for men.
Temps, and p/t workers (most hospitality/casino staff) are technically not covered by labor discrimination and harassment laws, which define “employees” as full-time, permanent workers.
totally discrimination.. and using society/the media’s portrayal of women as a lousy excuse to require women to conform/participate. women shouldnt be required to wear makeup to satisfy a man’s ideal of beauty. im not some crazy femi-nazi, but crap like that makes me mad.
Not sure about this one, though leaning towards discrimination. What if she was allergic to make-up! And what about the guys? If the women have to take that extra step but men don’t, it seems unfair.
As I recall from my women and the law course in college, an employer has the right to set standards for grooming and dress as long as they are reasonable given the job type (makeup and short skirts in Vegas casinos is reasonable, not reasonable for female flaggers) and they don’t have a totally different standard for the opposite sex (short skirts, full makeup, fishnet hose, acrylic nails, hoop earrings, and bleached hair for women but just black pants for men). If both male and female servers were employed there and only the women were required to follow a set of grooming and dress guidelines then she’d have a gender-based discrimination suit on her hands. In some states employment is a contract between employer and employee that can be terminated at any time for any reason (except the big no nos like religion, sex, nation of origin, gender, and so on) by either party.
Sounds like ‘employment at will’ to me. On the surface it sounds discriminatory, but — like it or not — employers can fire you for any reason (except for illegal reasons).
I, too, can see both sides of the argument, even though the situation sucks. If it were me, I would like to think I would value myself enough to not be miserable staying employed in a place where the culture conflicts with my beliefs. But there is also the “do what you gotta do” aspect of putting all that aside and getting the bills paid.
If it were me and I had something else lined up and had decided to quit, I would wait for someone to tell me I needed to wear make up, and then I would come in the next day made up like Gene Simmons of Kiss or Tammy Faye Baker and ask if that was what they had in mind. Then they would fire me or have me committed, but wouldn’t that be bitchin’? How does Shenoa feel about Kiss makeup?
Look it has nothing to do with employors having the right to set what they call their guide lines for their company. You want to be judged by the way you perform your dam job. Not by some idiots reasoning that this is my company and I require you to do this. If you are not harming your owner’s business, then what the hell is his or her problem if you don’t put on make up. It boils down to plain stupidity on the owners part. That employee is making me money and pleasing my customers, oh wait but my type of cusomer look down on anyone who does not look the way they want, so I better fire this person, its my right as a owner, everyone will agree, even if they don’t like it, bullshi…. Grow up people the owners need you because they don’t do manual labor anymore. You can respect yourself or let someone dictate your way of living. Yes if you don’t like his/her way of running their business then you can just pack up and leave, what a sorry way of standing up for yourself. People keep saying they can see both sides of the issue, no they don’t, they all end up syaing, ‘but its the owners right to require this or that’. The owner should respect its employees. And for the record I am a 47yr old male giving his point of view.
‘When you accept a position with an employer, you agree to conforming – within reason – to the rules of that organization.’
This statement is flawed because she did not accept a position with her employer, she came with the business that her employer purchased! After the amount of time that she had invested with her former employer, and the excellent job reviews she had earned, the new company is foolish to take a stand over something so trivial and lose such a good employee! They are just shooting themselves in the foot.
Good point Cathy. Then again, rules change. Actually, based on my “suit” example above, I only had to wear a suit once I was transferred to another city (where office attire was far more formal). I think we have to be a little flexible. And depending on how much you care about the job, you’ll be willing to accommodate change. And as much as we like to think we are only judged based on our performance, I think we all know that’s never the case (unfortunately).
Also, in a takeover/change in ownership, people often lose their jobs altogether. One might say she is petty for letting herself get fired in a recession over something so trivial. A little lip gloss and some mascara take two minutes tops.
But like I said, where do you draw the line? I mean, I wonder what exactly they said was necessary for her to be considered made-up.
And I don’t really understand why the employer cared that much about makeup. I wear makeup most days, other days I don’t, and I’m not sure anyone can really tell the difference (other than me). So, yeah, it was very silly on their part.
Ugh, still schizo.
I haven’t seen anyone mention religious discrimination. Many Christian women do not wear makeup due to very strong conviction to morals in which we don’t want to ever attempt to “out do” what God graced us with.
Trophy’s is totally sexist. Dolled up? Wait staff members are people, not dolls, not objects. If this person did her job well, that is all that matters and she should not have been fired. Shame on Trophy’s, SHAME!
The liberal bloggers will be the destruction of us all. Bottom line is management owned the company, management told her the policy, she didn’t like it and didn’t follow the policy, management is allowed to fire her. I find this liberal bloggers comments to be along the lines of my two year old’s whining when he says, “It’s not FAIRRRRRRRR!” Obviously, this reviewer has never owned a business nor had to deal with the many responsibilities that something like that involves.
Er, Lorraine, I believe that’s the point: it is illegal to fire someone who rejects putting on unnecessary chemicals on their skin/face. I don’t care how much better she’d look. It’s illegal period.
Got narcissism?
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I think it was unfair because why should it matter if you wear makeup are not as long as you do your job.
I believe it is sexist…and should fall under sexual harrassment. My boss said to me, “I cannot tell you what kind of lipstick to wear.” When commenting about my professionalism. I had hoped a lawyer would help me deal with his comments…but now I see I am just going to have to endure it.
There is more to this story, but suffice it to say, I believe that any comments, or making one employee do something that the male employees are not required to do, or yelling at the females (not the males) is discriminatory…and I WISH I could make him stop.
Any help I can get on this subject is appreciated!
Rhonda – is it sexist then, that men are forced to be clean shaven? Or that they aren’t allowed to wear makeup (should they want to) or earrings? What about if a dude wanted to wear a skirt suit to work? I think it is inevitable that there will be different standards for what is considered professional/appropriate for men and women. I don’t think the sexism argument holds any weight here.
It’s rules like this that trigger the “minimally compliant” component of my personality. I don’t like to wear makeup either – my skin is hyper-sensitive, and makeup is a guaranteed way to cause the raunchiest breakouts that make me look 100% worse than I do with good skin and no makeup.
The solution I found long ago: the Hooker Look.
“Business clothes”? Gotcha. Black skirt…I’m a size 10, so a size 8 will do. Push-up bra rather than a regular bra under a matching jacket. Make sure the cami has lace along the top. TALL black heels. Make sure to walk on your toes rather than the whole heel so as not to slip.
“Makeup”? Even more fun. RED lipstick. The reddest in the store. Candy-apple red. Lip gloss over top of it. Black “extra long lash” mascara with black eye liner and metallic eyeshadow. Use the tacky trick of filling in your eyebrows with the darkest eyebrow pencil you can find. Accidentally put just a bit too much blush on. If you’re dark, foundation that’s a shade too light and if you’re a vampire, go with a “normal” skin tone so that it’s about three shades too dark.
I’ve only ever had someone comment (negatively) about this tactic once. I simply explained, “I don’t know much about makeup, and this was recommended to me.” It does the trick.
Unfortunately, I got a lot of COMPLIMENTS with that tactic, but then I at least knew to change jobs. :/
This is discrimination. It’s gender based. What were the men required to wear? If nothing at all then oh, boy–LAWSUIT! She worked for the company five years. Employment at will only counts if no promises for being employed their longer was made. In five years someone had to create, at the very least, an implied contract with her. Working there for five years the employers should come up with a better reason than “she wouldn’t wear make-up.” It’s no wonder why attorneys always have work.
But, anyway, I wish her the best of luck with the new job.
Love your approach Betty Anne! How about maximum compliance – false eyelashes, gold glitter eyeshadow and long, Lee Press-on Nails.
This case depends on the state law(s) governing employee/employer relations. Florida for instance is a “right-to-work” state. The employee or employer can choose to terminate their relationship at anytime for any reason. Basically the 90 day trial period lasts forever. As someone who has been on both sides, a former business owner and a proletarian, I can see both side of this case. Personally I feel this is discrimination at its finest. Wearing makeup or the lack thereof would not affect Shenoa’s ability to adequately perform the duties assigned to her by her employer. However, in my travels it would be prudent of her to dress as provocatively as her employer would allow. In doing so her tip % would increase drastically. I am a man of principle and I fully sympathize with Shenoa. Given the current state of the economy though, I myself would probably dress as Hitler if they asked me to, and I am Jewish!
Great discussion from all sides! Some posters believe that the employer was treating her unfairly. Maybe, but it was not illegal or discriminatory unless the guys had no rule to follows and she could prove it in court. She could get fired if she doesn’t comply. She could just suck up, act like a grown up, and ask for clarification, “Would a little bit of mascara and lipgloss work, or did you have something else in mind? Do you happen to have a copy of the requirements that I could have for future reference? What is the minimum amount of makeup I could wear?” I work on-call for a department store and the dress and grooming standards seem ridiculous (you can wear Birkenstocks but not dressy sandals with a back strap if there is a piece that goes between the toes. Huh?) but I follow the rules because, hey, I need that job and its not going to ruin life, limb, or property.
“Grooming” standards are ridiculous in general. Cleanliness standards, OK (you don’t want a stinky person bringing your food out), but that’s where the line needs to be drawn and it needs to be exactly equal for men and women. And dress standards… if there is a uniform or industry standard dress (suit or business casual) then that would be ok too. But “grooming” is a highly personal matter and workers should be protected from being dismissed for such SILLY reasons as this. That said, there were equally stringent requirements set for the men and women in this case, so it would not be a gender discrimination issue. The article says that the men have to cut their hair and shave. Last time I checked, men naturally have hair that grows. The company wants to force them to artifically stop it from growing. It’s not like they were dying their hair blue – which would still be OK in my book. But long hair on a man is HARDLY offensive – it is the natural state of male hair. Just like this woman’s face is naturally free of makeup.
OK, I will wear make-up. You pay for it and I put it on on your time.
Totally NOT discrimination. If a male server showed up for work in make-up looking like a Barbie doll, the employer would have told him to stop wearing it–it would likely be too weird for the customers to accept. Likewise, a female server showing up for work NOT in make-up may be equally too weird. Like it or not, society has an expectation for which genders should and should not wear make-up. And when it comes to restaurants, you want your customers to feel at ease and to think only of what a wonderful time they’re having–not whether their server should or should not be wearing make-up. Female servers having to wear make-up is as reasonable a requirement for their employment as is male servers not wearing make-up. That said, I’m totally disgusted by society’s expectations for women–having to wear make-up, be thin, etc. There are bullshit ideals and I applaud Shenoa Vild for sticking to her guns.
Completely unfair. I am going through this in my currrent workplace. I do my job in a professional, competent manner. Whether I wear make-up or not should be MY choice. Men do not have to “doll up”. It is completely different to require a uniform or dress code for all employees than to select women to wear the required apparel and top it off with lipstick and blush as if we are not good enough without it! I have never had a customer complain because I did not have on mascara.
It is unfair, Steph. But the unfairness stems from the unrealistic expectations that our society puts on women in general. You and I are totally on the same page with that. But the employer here is not the one creating those expectations. The employer is merely insisting that those expectations, good or bad, be adhered to. As far as the expectations themselves, they are an issue much, much bigger than any one restaurant or waitress.
I have situation for anyone who wishes to comment. What about nose rings? My daughter (22yrs old) has been working for a small coffee business for almost a year and a half as a barista When she was hired there was no uniforms and the atmosphere of the shop has always been been very laid back and comfortable. As an example, one day a week there is a ladies group that comes in for coffee and knitting. The area where the shop is located is a small fishing town where people come in wearing sandles, t-shirts, and shorts.
In the past two weeks they have come up with the ugliest smock & apron uniform known to man and have requested that she remove her nose ring. I have to admit I am not a fan of the nose ring but it was her decision to have it so I respect that and she had the nose ring when she was hired. It is not like it is hanging over the edge of her nostril. It is a very tasteful tiny round-tipped ring with a small white star on it. Looking at her face straight on you cannot even see it where she has it placed. The worse part for her is, the ring will have to be surgically removed because the hole has closed up so small she cannot get the ring out. She has really tried to remove it but it was the initial one when she got the piercing. Without thinking, she cleaned the hole but didn’t remove the ring because she didn’t want the hole to close up while waiting for it to heal. When she did try to remove it the hole had closed up to the point that the skin was going to tear in order to take it out.
They have asked her several times over the past three days if she has made an appointment with the doctor to get it removed. Is this legal?
Today there is a staff meeting with the boss and she is worried that they are going to fire her.
She loves the job and doesn’t want to quit and with the economy as it is, jobs are scarce. If they fire her under these conditions can she draw unemployment?
Thanks for any advice!
Its okay to force workers to wear make up, if everybody, female, male or whatever, is forced to wear the same kind of make up. Its just bullshit though to force only females, that old shit is old and its time to get rid of it.
I was recently fired for not wearing makeup, I would constantly get pulled aside and told that I really need it, etc. This is completely unfair, because I explained to them that not only am I allergic to foundation but I am also apart of a religion that wearing makeup is against our rules. I was let go anyways. I am in the process of talking to the Corporate Headquarters. I feel like I was discriminated against, I was one of the best employees. The place I worked are franchises in kids resale. I worked at one franchise and never wore makeup and that was fine, I had to move to a different area and so took up a position as a retail sales associate with the same company. Corporate recomended me to the new location so they hired me on. 3 months of the makeup issue and they fire me. I do find it funny though that the manager at the new location got mad at an associate for using her cell phone while working when later that same day the manager answers her cell phone in front of a customer (she was never fired or disciplined in any way, and we have cameras.)