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She’s too sexy for her dress? Flight attendant sues for discrimination, harassment

November 2024 employment law letter
Authors: 

Mark Schickman, Schickman Law

Even if an individual employee complies with the dress code, can she be asked to change clothes because she is too distractingly curvaceous? Can she be terminated for inappropriate social media activity, when similarly situated males were not? Was she terminated because she complained about discrimination and harassment, or because she posted risqué pictures while wearing a company uniform. Buckle up for a first class flight through the legal hurdles necessary to reach a jury.

Fly the hostile skies

United Airlines has personnel guidelines titled Working Together that “explain what actions are expected of [employees] and . . . communicate a clear understanding of what it means to be employed by United.” The guidelines state: “We’re committed to creating a workplace free from harassment and discrimination (treating someone less favorably). We defend our employees from harassment and discrimination based on their . . . gender . . . or any other protected characteristic under applicable law.” The guidelines encourage employees to “report concerns promptly until resolved” and to consider reporting offensive workplace behavior to “a member of [their] management team,” the HR department, or the company’s ethics and compliance helpline. United prohibits retaliation against employees for reporting misconduct.

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