Waitress Fired For NOT Wearing Makeup

Thu, 05/21/2009 - 15:27
Submitted by Carlin Ross

Shenoa Vild hates to wear makeup. Face goop is simply not for her. She happens to think she has a naturally healthy, vibrant complexion. Looking at this picture, I have to agree.

But Vild, a waitress, says her former boss had an entirely different opinion. He wanted Vild to wear makeup. She wouldn't. So, she says, she got canned. Vild had worked at Trophy's in Mission Valley for five years without wearing makeup. Apparently, for all that time, it didn't matter.

But the restaurant was sold earlier this year, and she says the new management wanted the women to doll up. Vild says she got the ax in late April when she wouldn't. Employers have the right to do this. A few years ago, the 9th U.S. Circuit Court of Appeals ruled that it is not discrimination for employers to make women wear makeup. (Who are these judges? Maybelline stockholders?)

But just because it's legal doesn't make it right.

Mark Oliver, the new owner, said he couldn't go into details as to what happened with Vild. Oliver did say she was the only employee who was unable to deal with the transition.

Trophy's, like the other restaurants in the small chain, was a sports bar. Oliver is making it more upscale.

"Shenoa could still be here if she wanted," said Oliver, who used to be a part owner of George's at the Cove in La Jolla. "I had no problem with anybody else. If she would have made the same accommodations that the new ownership was asking, she'd still be here."

If Vild were a terrible waitress who gave customers a hard time or got orders wrong or kept dropping plates, I'd say fire away. But a former co-worker and a former boss told me she was a good, popular waitress.

(Full disclosure: Vild provided the names and numbers.)

Vild's former boss, Nicole Alex, said Vild was aces. She even trained new workers.

Alex left the restaurant, too, but she holds no grudge. Oliver was fair about her leaving, she said.

I asked Alex if customers ever complained about Vild's appearance.

"No."

Still, "she's facing a real uphill battle," said Peter Zschiesche, executive director of the Employee Rights Center in San Diego. Employers have wide latitude on hiring and firing, particularly when it comes to at-will, or nonunion, employees.

One might fault Vild for refusing to budge on the issue, but I give her credit for not caving. It's not the same as, say, putting on a uniform. You're applying something to your skin. And if you overdo it - Tammy Faye, anyone? - you could face ridicule, not praise.

"I always thought I looked silly wearing makeup," Vild, a 27-year-old North Park resident, told me. "And I don't think I need it."

It's not as if Vild isn't interested in her appearance or is a complete rebel. When the new management instituted a dress code of nice jeans and pressed white shirts, Vild said she had no problems conforming.

The Trophy's waitresses used to wear gym shorts and blouses.

Word is the management didn't like Vild's beach-girl look. She bleaches her hair blond. Funny, since we, um, live in a beach town. And funny, since when I went in the restaurant recently to check out the place, I saw a surfboard bolted on the wall.

My bet: That surfboard is going to be following Vild out the door.

While I was at the restaurant, I decided to have lunch. Maybe my powers of observations are lame, but I couldn't tell if my waitress was wearing any makeup.

She was very pleasant and she didn't drop my club sandwich into my lap. That's about all I care about. She told me the place is undergoing remodeling. She's only been there a couple of weeks.

Look, I have no problem with the establishment going for a makeover and Oliver putting his own stamp on the joint. You buy a place of business, you run it as you see fit. It's your Benjamins.

But Vild makes good points about how makeup can be a pain and how it's not necessarily for her. It costs money and it takes time to put on. For the waiters, it's a different story. All they have to do is be clean-shaven.

Too bad the law doesn't support people like Vild.

Times are tough enough. If Vild did get the heave-ho for this, well, I'm not handing out any trophies.

P.S. Just days ago, Vild landed a job tending bar. No makeup required.

 

Sex, Politics & More Sex

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A hugely serious issue

NickN's picture
Thu, 05/21/2009 - 17:31

Dear Carlin,

many thanks for posting this. It is, in my view, a hugely serious issue as it typifies the level of body-image tyranny that we all have to endure one way or the other. It seems to me outrageous that an employer can specify such a minor detail cocerning a person's appearance - a detail that can not possibly affect the ability of the employee to do his or her job. Are the male employees required also to wear make-up? Perhaps a sexual discrimination case could be won? 

Despite great strides in employment law, it is still the case that if one's face does not fit, one can not assume one will be employed on merit. If this case is not fought and won it will set yet another precedent for employers to continue to fire women, people of colour, gay people, older people, people with different political views and those of different religions on the basis of their personal appearence. 

I'd be grateful if words of support and encouragement from this site can be sent to Shenoa Vild - this is much more than a story about make-up.  If I were rich I'd fund a campaign. 

Best wishes

Chu  

Employer-Employee relations

tom.penry's picture
Thu, 05/21/2009 - 17:58

This is a tricky area. If I take a job as the 'Big Bad Wolf' at a theme park which[See my picture]would not require make-up or a costume, Should I do it anyway because the company wants me to look like the 'Big Bad Wolf" on their TV series? I, presently, think they could require me to do this. The bigger problem is making rules that are immoral to some illegal to all. If a business is hiring, it should be required to hire all human beings. It should not be required to hire on the basis of an applicants taste or creed, which are choices and not inherent qualities. I am open to other opinions.

I remember working at the

Thu, 05/21/2009 - 18:18

I remember working at the Attorney General's office in their Civil Rights Bureau on a case where black stewardesses weren't permitted to wear their hair in braids. It was the same BS sentiment that black women should blow out their hair and fly to all sorts of crazy climates without having their hair frizz out. Hello, have you ever blown out an afro or had it straightened? Suffice it to say we won and now you can wear your hair in braids if you so desire.

Whether it's racism or misogony the effect is the same: women are reduced to doll babies who must tow the line, be pretty, and live up to society's definition of feminine. It's so sad that as a culture we haven't realized how much damage we're doing to our daughters. We should want more for them. 

"most people are fools, most authority is malignant, God does not exist, and everything is wrong" Ted Nelson

"Theme " businesses

tom.penry's picture
Thu, 05/21/2009 - 18:28

Should they be legal?

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