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A teacher at a New Jersey high school, upon discovering respondent, then a year-old freshman, and her companion smoking cigarettes in a school lavatory in violation of a school rule, took them to the Principal's office, where they met with the Assistant Vice Principal. When respondent, in response to the Assistant Vice Principal's questioning, denied that she had been smoking and claimed that she did not smoke at all, the Assistant Vice Principal demanded to see her purse. Upon opening the purse, he found a pack of cigarettes and also noticed a package of cigarette rolling papers that are commonly associated with the use of marihuana. He then proceeded to search the purse thoroughly and found some marihuana, a pipe, plastic bags, a fairly substantial amount of money, an index card containing a list of students who owed respondent money, and two letters that implicated her in marihuana dealing. Thereafter, the State brought delinquency charges against respondent in the Juvenile Court, which, after denying respondent's motion to suppress the evidence found in her purse, held that the Fourth Amendment applied to searches by school officials but that the search in question was a reasonable one, and adjudged respondent to be a delinquent. The Appellate Division of the New Jersey Superior Court affirmed the trial court's finding that there had been no Fourth Amendment violation but vacated the adjudication of delinquency and remanded on other grounds.

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Hiring policies favoring good-looking people may be misguided but are not unlawful. Members may download one copy of our sample forms and templates for your personal use within your organization. Neither members nor non-members may reproduce such samples in any other way e.

But is it illegal to base hiring on good looks? A recent lawsuit suggests it is, but most management attorneys say it isn't technically prohibited by federal law. Regardless, they caution that discriminating based on appearance, even if subconsciously, isn't the way to get a crackerjack workforce and carries with it some legal risk.

In the lawsuit, Stephanie Belanger, an NBC audio-visual coordinator, claimed that the company's recruiter told her in the recruitment process that NBC specifically asked for good-looking employees. The recruiter demanded to see her pictures on Facebook or Instagram before she could be interviewed, reported the New York Post. Belanger was hired but demoted after she had two epileptic seizures at work and later fired, she alleged, in retaliation for complaining about sexual harassment by her boss. She claims that he called her a "whore" and said he had to fire her or his girlfriend would break up with him.

She cautioned, however, that preferring a certain physical look could be illegal under federal or state laws if it in discrimination on a basis that is unlawful, such as race, religion, age, disability or sex. Harshbarger added that a workplace that values physical attractiveness not only is a breeding ground for sexual harassment but also fosters competition among applicants on the relatively irrelevant issue of appearance.

The goal of hiring should be to employ the most qualified person for a job, she noted. Some courts have upheld appearance and even weight standards, noted Jill Cohen, an attorney with Eckert Seamans in Princeton, N. The hotel required that certain employees called "BorgataBabes" could not gain or lose more than 7 percent of their body weight, barring medical reasons. The employees had to submit to periodic weigh-ins.

But the court returned the case to a lower court to determine if 11 of the plaintiffs were subjected to a hostile work environment over the policy's enforcement. Some of these plaintiffs exceeded the 7 percent limit because of medical or post-pregnancy conditions and alleged the weight standard resulted in harassment due to gender, ABC News reported.

Appearance standards may be considered a bona fide occupational qualification when they are necessary for the operation of an employer's business in limited circumstances, such as for a movie part or a fashion show, Schlein noted. Age discrimination will most likely always be a potential problem with appearance-based hiring criteria. Appearance policies can involve characteristics beyond mere attractiveness.

The 11th U. Circuit Court of Appeals, for example, upheld an employer's right to rescind an offer to a candidate who refused to cut her dreadlocksciting a grooming policy, Cohen said. While employers technically may seek out only good-looking employees without violating federal or state law, they may as a practical matter wind up with disparate impact claims, such as for gender or age discrimination, he cautioned.

Schlein said requesting access to social media s opens the door to potential issues relating to race, color, religion, disability and age. Currently, 25 states ban employers from requesting access to an applicant's or employee's social media s. Was this article useful? SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more.

Ugly policy alleged at nbc: only beautiful people need apply

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