Judging By The Cover By Bonnie Gainley Summary

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Uncovering Gainley’s Faulty Judgment In “Judging by the Cover” author Bonnie Gainley argues that employers have the right to discriminate against job applicants who have chosen to decorate their bodies in ways that, in the employers’ estimation, may detract from the applicants’ job performance. She supports this claim by explaining two major points: First, employers have an obligation to hire workers who will favorably “represent the business to its customers” (667), and second, job applicants with potentially offensive decorations, such as tattoos and piercings, have freely chosen to place them on their bodies, so the applicants must take responsibility for the consequences. Gainley’s argument has considerable “common sense” appeal …show more content…

She writes, for example, that “parents don’t want pre-school teachers waving visible skull or profanity tattoos in front of their small children” (666) and mentions “people who choose to wear rings through their noses” (667). Such examples evoke the rash choices of young people eager to test the tolerance of established authority figures or the habits of gang members to mark themselves in ways designed to intimidate. These convenient examples fit easily into Gainley’s argument. They suggest that when employers discriminate against applicants on the basis of body accoutrements or dress, the victims are predominantly irresponsible or disaffected provocateurs who “get what they …show more content…

When employers discriminate against job applicants wearing any of these expressions of religious identity, they are discriminating against the individual’s freedom of religious expression. As Harold Goldner points out, Title VII of the Civil Rights Act of 1964 indicates that the employer “must accommodate its employees’ religious beliefs so long as the accommodation will not cause an undue hardship on the employer.” There is certainly room for debate in regard to what constitutes an “undue hardship.” Goldner tells of a 1999 court case in New Jersey in which two police officers successfully challenged an officers’ dress code that would have prevented them from wearing beards in accordance with their Muslim beliefs. The plaintiffs made the case that their religious obligation to wear beards posed no “undue hardship” for the police department

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