Management Update Newsletter

Volume 8, Issue 3

March 2019

Dress Code/Personal Appearance- What Can Employers Regulate?

Very generally speaking, federal law permits employers to regulate employee appearance. However, employers should be mindful that, with increasing success, aggrieved employees often cry foul regarding such regulation, often attempting to link their appearance to a protected class or activity under Title VII. An employee might allege discrimination by associating hair length, body piercings, tattoos, jewelry, body weight, and clothing to protected classes such as gender, religion, national origin or race. For example, in EEOC v. Abercrombie & Fitch Stores, Inc., the plaintiff alleged she was not hired because she wore a hijab, and that the company failed to accommodate her religious dress by making an exception to its "Look Policy". In Kintz v. United Parcel Service, Inc., the plaintiff alleged both sex and disability discrimination when the employer allegedly required her to wear long pants to cover a leg brace, but apparently did not enforce the same dress code requirement against male employees with leg braces. And in Cloutier v. Costco Wholesale Corp., the plaintiff claimed Costco failed to accommodate her religious practice as a member of the "Church of Body Modification" when it did not excuse her from the "no facial jewelry" provision of its dress code policy. To read the full article, click here.

Claims against Public Entities under ADA Website Accessibility Standards Are Exploding

For several years, businesses have been beset with litigation by disabled individuals who claim the businesses' websites are inaccessible. Many of these serial plaintiffs are now turning their attention to public entities and their websites. These plaintiffs have begun targeting cities, towns, and counties/parishes, arguing that their websites are inaccessible, most often for the visually or hearing impaired. Although the ADA only allows such a plaintiff injunctive relief, as opposed to damages, it also allows him to recover his attorneys' fees. (New York and California, two of the states with the greatest number of ADA accessibility lawsuits, also allow plaintiff's to recover monetary damages.) To read the full article, click here.

The Fair Credit Reporting Act We're Not Done Yet

Hopefully, you will recall my prior update regarding an employer's obligation under the Fair Credit Reporting Act to provide an applicant with a copy of the consumer report and a summary of their rights before taking an adverse action. (Refer to "The Fair Credit Reporting Act is Tricky" of 12/5/2018). Well, a recent case shows that the FCRA is not only tricky, but it can also be incredibly expensive. To read the full article, click here.