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Beauty Bias: Workplace Discrimination by legalifyNg: 3:38pm On Apr 10, 2017
(Five Minutes Read)




Beauty Bias is a believe that attractive individuals,either male or female, are more favourably disposed in the workplace and employment environment than less attractive persons.


Funny right? But real!

Beauty Bias, most often than not is an emotional and unconscious decision, prefering an individual for a job simply because of his physical appearance or look.
This explains why a naturally handsome guy may be preferred over you, who is not totally ugly[i](to put it in a civilized manner)[/i]

Beauty is an emotion; very few are immune against it.

Logically, in the semantics of life, man is unfair to man and beautiful people wins! No matter how much we dodge it, on a deep reflection, our individual concept of who is attractive or not influences the way we treat each other at workplace.

Is it Legal?
Focusing on our Nigerian Grundnorm, Section 42 of the 1999 Constitution provides for freedom from discrimination. But the drafters of the constitution did not envisage that the world will turn out this way and so beauty or attractiveness was not expressly included as a ground of discrimination.
So the question turns on the jurisprudence of Section 42 which provides that

42. (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-

(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or

(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.

(3) Nothing in subsection (1) of this section shall invalidate any law by reason only that the law imposes restrictions with respect to the appointment of any person to any office under the State or as a member of the armed forces of the Federation or member of the Nigeria Police Forces or to an office in the service of a body, corporate established directly by any law in force in Nigeria.




We have not been fortunate enough to encounter any Nigeria case that specifically deals with discrimination on the grounds of beauty[b] (please, if you have share it with us)[/b]
But the provision of section 42(2) can make workplace or employment discrimination on the ground of beauty or attractiveness actionable in court on these two footings as provided in section 42(2)

1). If Ugliness or been less attractive can be classified as a disability
2). If Ugliness or been less attractive can be interpreted as a circumstance of birth


Currently, our legal jurisprudence of labour law has not evolve to that stage where an aggrieved person will sue on the grounds of discrimination in workplace or employment based on beauty and attractiveness.
Until that day, we hope the court will come to the rescue of we,the not so attractive ones, so that been attractive will cease been a privilege.



Read more: Visit www.legalify.ng/blog

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Re: Beauty Bias: Workplace Discrimination by BellaLuce: 5:23pm On Apr 10, 2017
Unfortunately, it is not an issue anyone will like to report. As you rightly said, beauty is an emotion and even when in the court of law, the employer would argue that it was an unconscious action.
Advice is: When an individual is not so attractive , he/she should make up for that with a good character and dressing clean and nice.

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