Sean Walker
Anders
Enc 1101
15 August 2013
Counter-acting the “Looks” Discrimination In the essay “Why Looks are the Last Bastion of Discrimination” Rhodes makes the argument that while discrimination against individuals based on race, religion, sexual orientation, etc. have been addressed, discrimination based upon one’s physical appearance has largely been ignored until recently. She gives several examples of specific cases where individuals were terminated from or passed over for employment based on issues of weight. Though some of these cases have much validity it is important to remember that there are certain professors where a major qualification is appearance. Certainly we will never see the day where fashion models are hired solely on their ability to walk down a runway. The key to eliminating “looks” discrimination is to focus on situations where said discrimination is actually non-essential to the job. In “Why Looks are the Last Bastion of Discrimination”, the author notes a particular case of discrimination, “In Michigan, for example, a Hooters waitress sued the chain after she was told to lose weight and improve her looks. Lawyers For hooters argued that employees at the restaurant – who wear tank tops and tight shorts – are entertainers as much as servers,” Rhodes, Debra L. 246. This passage denotes a situation in which attractiveness is directly related to the job. The women working at Hooters are not only needed to be effective waitresses but to also be attractive to their largely male consumer base. The acknowledgement of the uniforms they are required to wear speaks volumes to the requirement of appearance in the work place. The uniforms are intentionally sexualized it is a signal that this is a business which is not attracting customers solely on the merit of its food and customer service. An even bigger signal of this is the name “Hooters” which is a slang term for breasts which the business thinly veils with an owl mascot. Hooters is catering to a specific group of people who care less about the quality of the food than the appearance of the waitress who serves it.
Conversely the vast majority of jobs are not based upon looks and simply being a pretty face does not make one more qualified to preform them. Sadly, it is the case that discrimination based on appearance does rear its head in fields where it has no merit. Rhodes references a study which demonstrates this, “Hamermesh estimated that for lawyers, such prejudice can translate to a pay cut of as much as 12 percent.” Rhodes, Debra L. 247-248. Legal recourse must be available for individuals who are, in fact, being discriminated against for no reason. As a lawyer’s performance is in no way related to their physical appearance they should be protected under the law from appearance based discrimination but not at the cost of destroying the profitability of businesses which truly rely on appearances.
In regard to laws in place to counter act discrimination based on appearance Rhodes states that, “…the courts reasoned that only if sexual allure were the “essence” of a job should employers be allowed to select workers on that basis.” Rhodes Debra L. The law does not take into account that even if this is not the case certain businesses still derive their profitability from the appearance of their employees. The line between jobs where looks are a factor and jobs where potential or current employees are being discriminated against simply for the sake of discrimination must be more clearly drawn in the law in order to prevent needless discrimination without destroying the profitability of certain niche businesses. Rhodes acknowledges one short coming of these laws though she goes on to state its merit surpasses its detriment, “Although the laws are unevenly enforced, they have had a positive effect by publicizing and remedying the worst abuses.” Rhodes, Debra L. 249. The fact remains that the nature of the law is to enforce balance and justice, to say that a law is unevenly enforced to simply say it is unjust in its application. In conclusion there is vast room for improvement in the application and specificity of the law which is directly related to its effectiveness. The vast majority of jobs do not require the individuals who do them to be attractive, surely no one is going to make the case that fire fighters have to be attractive in order to do their job, but it is important to remember that there are some jobs where a large portion of the service provided is to simply be what society deems attractive. If there is ever to be a true uprooting of unnecessary discrimination based on appearance it must be acknowledged that there will always be jobs where appearance is important but that those jobs are the only place where such discrimination should be tolerated.

Rhodes, Debra L. “Why Looks are the Last Bastion of Discrimination “Patterns for College Writing: A Rhetorical Reader and Guide. 12th Ed. Larie G. Kriszner, Stephen R. Mandell. New York: Bedford/St. Martin, 2011. 246 - 250 Print.