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The Law of Work
Law of Work Archive

Taller, Skinnier Women Earn More…Is that wrong?

by David Doorey December 9, 2009
written by David Doorey December 9, 2009

There’s a story in Forbes reviewing studies that show that taller, skinnier, and younger looking women earn significantly more than other women.  Being tall also tends to facilitate earnings and promotions for men too.

Being average looking comes with a hefty price, too. The best-looking echelon of attractive females–the top one-third–make about 10% more annually than those in the bottom sixth of the genetic pool…

The article suggests whitening your teeth, getting a new hair style and wardrobe, and losing weight as ways to earn more or get promotions.
Here’s the policy question:  Should the government attempt to ‘do something’ about this, perhaps by adding ‘physical appearance’ to the list of prohibited grounds in Section 5 of the Human Rights Code?   Do you think that would out an end to the ‘problem’ of ‘pretty’ people being treated more favourably in the workplace?
I have discussed before how physical appearance is not a protected ground under human rights laws in Canada, so that employers are free to discriminate all they like on the basis of appearance, except if appearance is tied to a prohibited ground, like religion, ethnic origin, disability, or skin colour.    Since my employment law students are studying for their exam right now, here’s a question for you.
Is there anything unlawful about a job advertisement that reads as follows:

Wanted:  Beautiful, skinny women for work in a leading investment house.  Interested candidates should send their c.v. , measurements, and a photo ….  

You can post your answers or comments if you like y hitting the comments link at the bottom of the post.

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David Doorey

Professor Doorey is a Full Professor of Work Law and Labour Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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