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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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I work for State Farm Insurance, today I asked to speak my

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I work for State Farm Insurance, today I asked to speak my boss if we could speak about a promotion that I had interest in. She said she thought I was bright, smart had potential but will not recommend me because she feels that "I don't have the look" to be a claim re is p. She feels I need to dress more business professional because in her opinion that's the way Reps look but I adhere to my companies dress code, I never been written up for any dress code violations and according to State Farm Dress Code policy, jeans and a ralph Lauren T-shirt is within dress code. My prior boss said I was in compliance and a couple of months ago recommended me for promotion but due to family scheduling I couldn't accept it now my new boss is saying what the company says we can wear in not appropriate. Is this a form of discrimination
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

Yes, it is a form of discrimination, but it is not an illegal form. There are numerous forms of discrimination, which simply means when someone prefers one thing over another, or dislikes one thing more than others.

For instance, refusing to hire people for an accountant position that have not passed the CPA exam is a form of discrimination.

So, for employment law purposes, we only really consider things which are illegal forms of discrimination, specifically made illegal by some statute or case law. Things like race, religion, gender, age, disability or FMLA use have been made protected categories by statute, so discriminating based on those factors is illegal.

Regrettably, one's dress has not been made a protected category and an employer can overtly discriminate on that basis, without facing any legal penalty.

 

You can certainly file an HR complaint, to have the employer address their own dress policy, but any relief you receive will be internal to the company.

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15965
Experience: Employment/Labor Law Litigation
Allen M., Esq. and other Employment Law Specialists are ready to help you
Expert:  Allen M., Esq. replied 1 year ago.
I see that you have rated my service as "ok."

Was there some question that you had that I failed to address?

If you were just dissatisfied with how the law treats your situation, that is understandable, but I didn't want you to leave if you felt your question was not answered.

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Allen M., Esq.
Allen M., Esq.
Employment Lawyer
15965 Satisfied Customers
Employment/Labor Law Litigation