The short answer is yes, a California employer can require you to wear makeup as part of your job duties, as they are entitled to enforce dress codes and standards of grooming. Thus, they can have rules on clothing / uniforms, tattoos, piercings, hairstyles, and makeup. However, these codes cannot discriminate against employees of a protected class, or place an undue burden on one gender versus another.
Keep in mind, however, that the employer also has rights based on factors like the type of business and the work tasks that are involved. For example, a factory can reasonably argue that workers are required to wear pants in order to do their job in a safe and efficient manner. So, a female worker is unlikely to have a case if they refuse to wear pants because their religion forbids them from doing so.
Of course, makeup seems like a more subjective – and perhaps, trivial issue that should not be a requirement for anyone in the workplace. Unfortunately, the subject is not so black and white, depending on your employer’s ability to prove a “bona-fide occupational qualification.” Keep reading to learn more about this legal principle and how it affects your dress code and grooming rights in the workplace.
Can I Sue for Discrimination if I am Forced to Wear Makeup at my Job?
Yes, you may have grounds to sue your employer if they are forcing you to wear makeup or subjecting you to unfair treatment at your job because of your refusal to wear makeup. Under Title VII of the Civil Rights Act, employers cannot subject female workers to adverse treatment based on sex discrimination. Essentially, this is a form of discrimination based on the employee’s gender, gender identity, sexual orientation, or pregnancy / need for breastfeeding accommodations.
So, if you are the victim of termination, demotion, pay cut or some other adverse employment decision due to your refusal to wear makeup, you may have cause to file a labor complaint against your employer.
Makeup Requirements as a Bona-Fide Occupational Qualification
Even with the protections under Title VII, there have been cases where the courts ruled in favor of the employer on the issue of dress and grooming requirements at work. These are cases where the employer was able to show that the requirement was a “bona-fide occupational qualification.”
To put it simply, a bona-fide occupational qualification refers to a characteristic that is necessary to perform the job in s satisfactory manner. This is a rather vague definition, and one can certainly argue that a characteristic one person deems is necessary can be seen as a minor issue by someone else.
A good example where makeup can be a legal requirement is jobs for women at casinos, bars, and nightclubs. At these venues, physical attractiveness by the waitresses and other female staff is a major selling point. Thus, it’s quite common that women in these settings are required to wear makeup, do their hair a certain way, wear stocking and nail polish, and adhere to other rules that do not apply to men.
Certainly, you can argue sexism in these situations, but employers can enforce different standards for how women should look in the workplace versus men. However, they cannot arbitrarily make these rules based on personal preferences. There must be a solid basis to show that the makeup requirement (and other dress and grooming rules) is 1) a bona-fide occupational qualification and 2) it does not impose an unreasonable burden on one gender.
Can my Employer Force Me to Wipe Off or Not Wear Makeup?
It’s possible that your employer can enforce rules on excessive makeup, or any makeup in the workplace. Based on the profession and brand image that the employer is trying to present, they may be within reason to prohibit certain types of cosmetics or makeup aesthetics that are too loud, attention-grabbing, offensive, etc. Understated makeup rules may be applied in many work settings, such as restaurants, TV stations, retail stores, and schools.
Keep in mind, however, that any rules on makeup must meet the standard of a bona-fide occupational qualification. In addition, makeup policies cannot have an adverse effect that singles out a particular race or ethnicity, as that is a form of racial discrimination.
At the end of the day, this is a complex and multi-layered topic that must be examined on a case by case basis. That’s why you should speak with a lawyer specializing in sex and gender discrimination lawsuits if are wondering “Do I have a case?”
Filing a Workplace Discrimination Lawsuit – How Much Time Do I have?
Under the California Fair Employment and Housing Act (FEHA), you have up to 3 years to file an employment discrimination lawsuit. However, you will want to initiate a claim as soon as possible, as it takes several months on average before you hear back from the California Civil Rights Department. If the agency determines that you have a legitimate case, you will receive a Right to Sue notice, which you must obtain in order to sue your employer through your court system.
Contact a California Employment Rights Lawyer
There are many aspects of employment rights that are complicated and difficult to understand, which is why many workers are unaware that they are facing discrimination and other unfair treatment in the workplace. Our legal team has spent decades fighting for the rights of California workers, including those who are facing sex discrimination.
If you suspect that grooming and dress code requirements by your employer are a violation of California labor laws, contact our office right away. That way, you can receive a free consultation and make an informed choice on the legal options that are available to you. If you choose to sue your employer, you will never be charged upfront, as we represent all clients on contingency. We also operate under the Zero Fee Guarantee, so if we fail to secure payment on your behalf, we charge you $0 in legal fees.
We are here to assist you 24/7, so please reach out to us at your earliest convenience.
