Does Wearing Earrings Hurt His Ability to Supervise? : Q
Q. I am a male supervisor who wears small hoop earrings, one in each ear. My company has no specific rules governing dress, but I have been pressured to remove them. I’ve been told that they are not appropriate for a supervisor.
I don’t think the earrings impair my abilities to supervise workers. What do you think?
--M.J. Anaheim
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A. The answer to your actual question--whether earrings impair your abilities--is a subjective one based on how the workers perceive you. Apparently your supervisor thinks it affects your job.
Your legal rights are by no means clear. You could certainly argue that you have a legal right to dress the way you want. There are certain privacy laws that restrict the ability of an employer to improperly regulate matters of a private concern. A current case established the right of a woman to wear pants to work, for example.
You might want to look at the employee handbook to see how much leeway the company gives you regarding this. Your position might be further justified depending on the nature of work you do. For example, if the workers under you dress in a similar manner, your earrings might be appropriate.
Compare yourself with other supervisors to see if there is a double standard. Does your boss allow variations of dress and attire with other people in your same position but not with you? You might have a discrimination claim.
On the other hand, the employer might argue that it has a legal interest to regulate attire in the workplace. Disneyland, for instance, has withstood many legal challenges to its dress policy and has prevailed. If you deal with the public, the employer might be more justified in regulating attire than if you do not. Complaints about your attire from those you supervise would give further justification to the employer’s position.
“Looks” discrimination is probably one of the most widespread areas of discrimination. It becomes illegal only when you can link it to discrimination such as age, race or sex; breach of a contractual promise; or illegal retaliation such as for whistle-blowing.
As a practical matter, evaluate how strongly you feel about keeping the earrings against the risk that you might alienate your boss and affect your career stability.
--DON D. SESSIONS
Employee rights attorney
Universal City
Forced Retirement Isn’t Legal
Q. My company has a forced retirement program. What are the ways to delay forced retirement?
--V.C., Tustin
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A. It is not entirely clear what you mean by a “forced retirement” program. However, it is unlawful for an employer to force an employee to retire solely because the employee has reached a certain age.
It may be that your company has a program that encourages--but does not require--employees to retire in exchange for an attractive benefits package. Such a program would be legal provided that the decision to retire is truly voluntary on the part of the employee. Early-retirement plans are governed by a complex set of federal laws.
If your company is really forcing you to retire because of your age, you should consult a lawyer. If your company is simply offering you a benefits package designed to encourage you to retire, you have the option to simply turn down the offer and continue working.
--JAMES J. McDONALD Jr.
Attorney, Fisher & Phillips
Labor law instructor, UC Irvine
The Shop Talk column is designed to answer questions of general interest. Answers should not be construed as legal advice. If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873; or e-mail it to shoptalk@latimes.com. Include your initials and hometown.
