Monday, August 13, 2012
JD Supra ran an interesting story about an EEOC initiated investigation of a coffee chain in Boston which apparently shows a preference for hiring attractive woman. Is that sex discrimination? The answer is probably not because Title VII only protects against sex discrimination which is gender based. Thus, other woman, who are less attractive, would be in the same boat as men. Men and woman and not treated differently because of their gender. See DeCintio v. Westchester Medical Center (2d Cir.).
Now, there may be a case if the woman had to be attactive, but the men didn't. But then again, how do you judge what is meant by being attractive.
Law review commentary on this issue would be welcome.
Mitchell H. Rubinstein