Make-up and sex discrimination

The interview took place in New York but, if the role had been UK-based, would the business have committed an act of sex discrimination?

In the UK, protection from discrimination (or less favourable treatment) in employment situations is provided by the Equality Act 2010 on the basis of certain protected characteristics, including sex. The law covers job applicants as well as employees.

The specific form of discrimination in this case would most likely be considered ‘direct sex discrimination’. Direct discrimination occurs when someone is treated less favourably than another person because of a protected characteristic. In this scenario, if the refusal to hire was based explicitly or implicitly on Melissa being a woman and not adhering to a particular standard of appearance not equally expected of men, it would fit the definition of direct sex discrimination.

The key issue would be whether similar standards were expected from male candidates. If the makeup requirement was solely based on traditional gender norms and not on job performance, then it would arguably be direct discrimination.

Employers in the UK are advised to ensure their recruitment processes and workplace policies do not discriminate against employees or job applicants. Dress codes or appearance policies should apply equally to both sexes unless there is a specific and objectively justifiable reason related to the job that requires different standards.