A jazz bar in London recently came under fire for posting a job advert looking for an “extremely attractive” employee. Predictably (and quite rightly), the internet reacted in protest against the wording of the advert.
Was the advert poorly phrased? Absolutely. Is the act of valuing the looks of an employee above skill morally acceptable? Not really. Was the advert illegal? Not directly, no.
Now, “not directly, no” is a bit of a non-answer. And that’s because a person’s looks and/or attractiveness is not protected under discrimination law in itself. By this, I mean that whilst you can be held to illegally discriminate against job candidates by refusing them the role due to a protected characteristic (the 9 characteristics listed later in this sentence), you wouldn’t illegally discriminate solely on the basis of judging by their looks unless your judgment on a job candidate’s looks was related to their race, gender, nationality, religion or belief, disability, pregnancy, sexual orientation, age or gender reassignment (which would then be discriminatory).
Myself? I can see a fairly easy age discrimination argument for any job candidate for that role who is refused the role, as it could foreseeably be argued that the employer has a stereotypical, ageist lean towards younger staff if they are judging on ‘attractiveness’.
But let’s step back from the legal side for a moment and look at the moral perspective. What we are looking at here is ‘lookism’ – i.e. the perception that a person’s looks mean they can’t perform the job (or perform it as well as others). The issue for employers should be the impression they give out by acting in this way – what they are basically saying is ‘we judge more on style than substance’ when, in reality, they should be saying the opposite. Put simply, it risks a PR disaster, particularly if their behaviour goes viral online.
Let’s look at an example linked to two job roles: one for an actress and one for a receptionist.