Thursday, December 26, 2019

Bra Update: Legal and Labor Developments


Image result for gender inequality in the workplace
Are Polish-made bras superior? We’ll get to that in a moment.
Can an employer require employees to wear a bra? This was the subject of a USA Today column recently, https://www.usatoday.com/story/money/careers/2019/12/17/different-dress-codes-men-and-women-generally-allowed-ask-hr/2675069001/.
The answer is correct:
When it comes to sex discrimination, gender-based dress and appearance policies are one area where the Equal Employment Opportunity Commission and the courts allow employers to treat men and women differently. Where the courts have drawn the line, however, is when a heavier burden is placed on one sex than on the other. For example, your employer likely wouldn’t be allowed to list 10 different dress code policies for women and only 2 for men.
A lead case in this area is Jespersen v. Harrah’s Casino (2006), listed here https://caselaw.findlaw.com/us-9th-circuit/1438457.html.
A female bar tender with a 20-year record of successful employment quit after she was told she would be disciplined for not conforming to the casino’s new requirement that women wear make-up.
This is another area where women face subtle but significant discrimination: They may be required to pay hundreds of dollars more than men just to meet basic grooming and appearance standards.
Now for the Polish bra story. This was a feature in yesterday’s New York Times (https://www.nytimes.com/2019/12/25/style/polish-bras.html).
The story is reminiscent of drapery-making in Flanders in the 1500s. Skilled labor and nimble entrepreneurs developed a market for premium drapes when they utilized highly skilled labor.
The bras in Poland are similar in that respect:
“Most Polish bras, even those made by larger manufacturers, are still designed and constructed in Poland by hand, with fabrics and laces from Italy and Spain.
For employees who are looking for these superior Polish exports, they are sold under the Nessa and Ewa Michalak brands in the U.S.

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