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However, while ‘lookism’ cannot be eliminated, it can be mitigated by the law (Rhode, 2010). “.workers deserve legal protection against appearance-based discrimination unless their looks are…
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Discrimination – Appearance and Smokers Appearance based discrimination Legally prohibiting ‘beauty’ based discrimination isprima facie difficult. However, while ‘lookism’ cannot be eliminated, it can be mitigated by the law (Rhode, 2010). “...workers deserve legal protection against appearance-based discrimination unless their looks are directly relevant for performance.” says Rhode (2010). The challenge then is to identify which jobs qualify for exceptions. No federal law protects against appearance based discrimination — and only a few communities, like Santa Cruz, Calif., have such laws in place — plaintiffs then must prove that the discrimination is based on other factors other than appearance. One can rely on violation of the Americans with Disabilities Act or the Connecticut Fair Employment Practices Act.
The law however prohibits discrimination based on age. Section 622 sub-section 3(a) say, “It shall be unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, conditions, terms, or privileges of employment, because of the individual’s age.” It continues in sub-section 3(b), “It shall be unlawful for an employment agency to fail or refuse to refer for employment, or other­wise to discriminate against, any individual because of such individual’s age, or to classify or refer for employment any individual on the basis of such individual’s age...” (Eeoc.gov, 2014).
Smokers
In the United States of America, tobacco smoking employees are protected by state statutes — Smoker Protection Laws. At the moment, twenty-nine states plus the District of Columbia have such laws operational. Although these laws vary from state to state, employers are generally legally prohibited from either firing or refusing to hire an employee for consuming any tobacco product during non-working hours and away from the employers property. Consumption of such products in the employer’s premises or during working hours is however not protected (Provine, 2007).
In Colorado and New York there is no law related to tobacco use in employment relations. Smokers are however protected under other broader state statutes that forbid employers from discriminating against an employee who engages in a lawful activity seeing as consumption of tobacco is legally accepted.

References
Rhode, D. (2010). The Beauty Bias. New York: Oxford University Press.
Eeoc.gov,. (2014). The Age Discrimination in Employment Act of 1967 (ADEA). Retrieved 6 October 2014, from http://www.eeoc.gov/laws/statutes/adea.cfm
Provine, D. (2007). Unequal under law. Chicago: University of Chicago Press. Read More
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