Many organizations seem autonomous, at least outwardly. For instance, many employees in the corporate world are usually seen in official wear, and are well groomed. Some firms also require that employees dress official uniform specific to the firms and try to fit in their corporate culture. All these are reasonable requirements and are not discriminatory in nature. Although employers can dictate the dress code for their employees, they are prohibited to discriminate employees on the basis of their race, religion, sexuality, gender, and disability.
Primarily, the federal equal employment opportunity laws and other employee protections protect employees from unfair treatment, specifically due to their body attributes. Under the Civil Rights Act of 1866, racial discrimination in hiring and promotion decisions is prohibited (Pynes, n.d). It is a law that was enacted during the civil rights movement, when a majority of African Americans could not be hired by the dominant whites. Therefore, employers, and more specifically, human resource managers are not supposed to discriminate against employees based on their skin color, cultural or ethnic background. Some employers sometimes have taken advantage of the immigration status of individuals to benefit their organizations and treat others unfairly. For example, some may hire undocumented workers or temporary visa holders over qualified United States citizens. However, the Immigration Reform and Control Act of 1986 prohibits such practices (Wright, T., & Conley, 2011). The act also requires employers to confirm the employment eligibility and identity of employees by filling in in the Employment Verification Form.
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Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex although there is no federal law currently that prohibits discrimination on the basis of sexual orientation. Nevertheless, federal employees are protected by the Civil Service Reform Act of 1978, which prevents job discrimination for any non-job-related issue (Guerin, & Barreiro, 2016). Since sexual orientation is a non-job-related issue, employers are prohibited from discriminating against their employees from the basis of their gender and sexuality. For a long time, sexual orientation meant the male and female genders, but the definition has since broadened to include transgender people. On the same note, sexual harassment is prohibited at the workplace. Employers should not ask for sexual favors in exchange for employment benefits. In case an employee is sexually harassed in the workplace, the employer is held liable for the acts of managers or supervisors regardless of whether he or she is aware of these individuals’ acts. Therefore, an employer is supposed to enhance an environment that minimizes sexual harassment incidents, and in case such incidents happen, the employer needs to investigate the claims speedily and respond accordingly.
The American with Disabilities Act of 1990, which was also amended in 2008 states that qualified persons with disabilities should not be discriminated against on the basis of disability. This act applies to organizations that have 15 or more employees (Pynes, n.d). However, employers can also provide reasonable reasons. Similarly, the Age Discrimination in Employment Act protects workers over the age of 40 from unfair treatment at the workplace (Guerin, & Barreiro, 2016). Most prominently, human resource managers are prohibited from forcing people over the age of 40 to retire. Additionally, people over the age of 40 need fair compensation just like other employees.
To conclude, human resource managers and other employers do not have authority to institute policies regarding the body appearance of their employees. The various acts prohibit discrimination based on gender, race, religion, disability, sexuality, and other body appearances. Employers are expected to promote diversity at the workplace by hiring a diverse workforce and subjecting them to fair treatment. Employment benefits such as remuneration and promotion need to be fair and based on merit. Employers may find themselves facing legal hurdles, when they discriminate their employees on the basis of their body appearance.
References
Guerin, L., & Barreiro, S. (2016). Essential Guide to Federal Employment Laws . Nolo.
Pynes, J. (n.d). Human Resources Management for Public and Nonprofit Organizations (PowerPoint Slides).
Wright, T., & Conley, H. (Eds.). (2011). Gower Handbook of Discrimination at Work . Gower Publishing, Ltd.
