Is Appearance-Based Discrimination Illegal? What Employers Need to Know

Is it legal to hire someone based solely on their appearance? In most U.S. states, the answer is yes—appearance-based discrimination isn’t explicitly illegal unless it overlaps with a protected class, such as race, gender, religion, or disability.

Attractive people often enjoy measurable advantages in hiring and promotion, while others may face bias simply due to looks. Yet “appearance” itself is not a protected category under federal law.

“I guess the big question is: how do you define what is attractive?” says Philip Miles, an employment attorney at McQuaide Blasko. “For example,” says Miles, “if an employer decides that they’re only going to hire a specific race, say only white people are attractive therefore we’re only hiring white people, then that’s obviously going to be race-based discrimination so it’s unlawful under Title 7.”

In this article, we explore why appearance bias persists in the workplace, when it crosses legal lines, and what companies can do to stay compliant and inclusive.

Both harassment and discrimination are based on protected classes. Learn more about handling harassment by downloading the free Workplace Harassment cheat sheet.

When Appearance Bias Becomes Disability Discrimination

Under the ADA, employers are prohibited from taking adverse action against individuals due to real or perceived disabilities, even if framed as appearance-related decisions.

Case Example 1: Disability Discrimination

• A woman with a prosthetic arm was moved to the stockroom due to not fitting Abercrombie’s “look policy.”
• Though framed as appearance-based, the bias related to her disability.
• This constituted a violation under the Americans with Disabilities Act (ADA).

Case Example 2: Racial Discrimination

• Abercrombie previously settled a racial bias lawsuit for enforcing the same “look policy.”
• Appearance-based bias once again intersected with a protected class—this time, race.

Key Takeaway: What seems like appearance-based discrimination may actually cross legal lines when it relates to a disability or another protected trait.

Which States Prohibit Appearance-Based Discrimination?

A former Hooters employee in Michigan filed a lawsuit, claiming she was discriminated against due to her weight—132.5 pounds, allegedly deemed “too heavy” by the company’s appearance standards.

1. Case Example: Hooters Weight Discrimination Lawsuit

• Filed in Michigan, where weight-based bias is protected by law
• Plaintiff alleged she was fired for weighing 132.5 pounds
• Sparked public discussion around legal protections against appearance bias

2. State Law Highlight: Michigan

• Michigan’s Elliott-Larsen Civil Rights Act prohibits discrimination based on height and weight
• Most states do *not* offer similar protections

3. Disability Consideration

• In some cases, obesity can qualify as a disability
• Discriminating against someone with qualifying obesity may violate the ADA

4. Policy Tip for Employers

• “The most important thing is to have a non-discrimination policy that identifies the protected characteristics and encourages reporting and complaints to management,” says Miles.
• Takeaway: Even if appearance isn’t explicitly protected in your state, related traits (like disability or locally protected categories) can turn a superficial decision into a serious legal issue.

When Appearance Discrimination Crosses Legal Boundaries

While personal appearance is not always a protected trait under U.S. law, discrimination based on how someone looks can become unlawful when it overlaps with a legally protected class.

What Is a Protected Class?

Under federal anti-discrimination laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), individuals are protected from employment discrimination based on:

• Race or color
• National origin
• Religion
• Sex, sexual orientation, or gender identity
• Disability
• Age (40 and older)

State and local laws may add further protections, including for characteristics like marital status or physical appearance.

How Appearance Bias Can Violate Civil Rights Laws

Appearance-based discrimination becomes illegal when it is used as a proxy for one of these protected categories. For example:

• Religious dress: Denying a job to a woman wearing a hijab or a man with a turban could violate Title VII if the dress is religiously mandated.
• Gender expression: Penalizing a transgender employee for not adhering to traditionally gendered dress norms may be a violation of Title VII, as clarified by the Supreme Court’s 2020 Bostock v. Clayton County decision.
• Disability and weight: While weight is not federally protected, if appearance-based bias is directed at someone with a medical condition (e.g., obesity linked to a disability), it may trigger ADA protections.

These examples show how seemingly neutral appearance expectations can result in unlawful disparate treatment.

How Employers Can Prevent Appearance Bias in the Workplace

Proactive employers can reduce the risk of legal exposure—and improve equity—by creating inclusive policies and training practices.

1. Adopt Appearance-Neutral Job Descriptions and Dress Codes

Focus job requirements on essential skills and qualifications, not aesthetics. Dress codes should be:

• Consistently applied
• Flexible enough to accommodate religious and cultural attire
• Written with inclusive language to avoid indirect discrimination

Avoid vague or subjective standards like “professional appearance” without defining them.

2. Train Employees on Unconscious Bias and Protected Class Awareness

Bias often operates below the surface. Educate managers and employees about how appearance-based assumptions may intersect with protected characteristics. Include real-world scenarios to improve recognition and decision-making.

3. Implement and Communicate a Clear Non-Discrimination Policy

Your non-discrimination policy should explicitly state the company’s commitment to fair treatment and legal compliance. Include:

• A clearly defined complaint process
• Options for anonymous reporting
• Assurance of protection from retaliation

“The most important thing is to have a non-discrimination policy that identifies the protected characteristics and encourages reporting and complaints to management to allow them to address the issue,” says Miles.

Real-World Examples: Legal vs. Illegal Appearance Discrimination

Case Study 1: Legal — Dress Code Enforcement

Scenario: In 2024, the Human Rights Tribunal of Ontario (HRTO) addressed a complaint from a volunteer at the Ottawa Chamber Music Society. The volunteer, a member of the LGBTQ2S+ community, affixed a rainbow sticker to his name badge during a music festival to show support for the community. Festival management instructed him to remove the sticker, citing non-compliance with the organization's dress code as outlined in the volunteer manual. The volunteer complied but later filed a discrimination claim, alleging that the request was discriminatory based on his sexual orientation and gender expression.

Outcome: The HRTO dismissed the complaint, concluding that the enforcement of the dress code was not discriminatory. While acknowledging the volunteer's protected characteristics under the Ontario Human Rights Code, the tribunal found that the request to remove the sticker was based solely on adherence to the established dress code policy and not on any discriminatory intent. The decision emphasized the importance of consistent application of dress code policies and clarified that such enforcement does not constitute discrimination when not linked to a protected ground.

Case Study 2: Illegal — Bias Against Religious Attire

Scenario: Samantha Elauf, a practicing Muslim, applied for a sales position at an Abercrombie & Fitch store in Tulsa, Oklahoma. She wore a hijab to her interview, which conflicted with the company's "Look Policy" prohibiting head coverings.

Outcome: The U.S. Supreme Court ruled 8-1 in favor of Elauf, stating that Abercrombie & Fitch's refusal to hire her based on her religious attire violated Title VII of the Civil Rights Act. The Court emphasized that an employer cannot make an applicant's religious practice a factor in employment decisions, even if the applicant has not explicitly requested a religious accommodation.

Case Study 3: Gray Area — Weight-Based Discrimination

Scenario: Dajua Blanding, a plus-sized rapper known as Dank Demoss, filed a lawsuit against Lyft after a driver allegedly refused to pick her up, fearing she would "burst his tires." The incident was recorded and shared on social media, sparking widespread debate.

Outcome: Blanding's attorneys argue that weight is a protected characteristic in Michigan, equating the refusal to discrimination based on race or religion. While federal law does not explicitly prohibit weight-based discrimination, some states and cities have enacted laws protecting against such bias. This case highlights the evolving legal landscape regarding appearance-based discrimination.

These cases demonstrate the complexities surrounding appearance-based discrimination. Employers must ensure that their policies are applied consistently and do not infringe upon protected characteristics. Regular training and a clear understanding of applicable laws are essential in fostering an inclusive workplace.

Frequently Asked Questions

1. What is appearance bias in the workplace?

Appearance bias refers to unconscious or conscious preferences or prejudices based on a person’s looks, grooming, clothing, body type, or overall image. In the workplace, this can influence hiring, promotions, or evaluations—often without being illegal unless it overlaps with a protected class.

2. Is appearance-based discrimination considered unlawful in the U.S.?

Generally, appearance-based discrimination is not illegal under federal law. However, if it targets characteristics tied to race, gender, disability, or religion, it can be considered unlawful under Title VII or the Americans with Disabilities Act.

3. What laws protect against discrimination based on physical appearance?

Federal law does not specifically protect physical appearance. However, Michigan bans discrimination based on height and weight, and several cities (like San Francisco and D.C.) have enacted appearance-based discrimination ordinances.

4. Why isn’t appearance-based discrimination illegal in most places?

Appearance is considered a subjective, non-protected characteristic. Most laws only cover discrimination tied to protected traits like race, religion, gender, or disability. Without a clear legal framework, appearance bias falls into a gray area unless linked to those categories.

5. How can companies reduce appearance discrimination in the workplace?

Companies can minimize appearance discrimination by using objective hiring criteria, implementing inclusive grooming and dress code policies, and providing anti-bias training that covers appearance-based assumptions.

6. Can discrimination based on personal appearance be challenged in court?

Only in certain circumstances. If the appearance-related decision affects someone’s protected class status (e.g., disability, religion), or occurs in a state or city where appearance is legally protected, legal action may be possible.

7. What’s the difference between appearance bias and unlawful discrimination?

Appearance bias refers to personal judgments based on looks, grooming, or body type. It's not always illegal. However, when that bias targets or disproportionately impacts someone in a protected class, it crosses the line into unlawful discrimination.

8. Which states have laws against appearance discrimination?

Michigan is the only U.S. state that prohibits discrimination based on height and weight. Additionally, cities like San Francisco, Washington D.C., and New York City have passed ordinances protecting against discrimination based on appearance-related traits.