Now, before you roll your eyes... too late? OK, well now that you've had a chance to roll your eyes, read this brilliant (and I am not being sarcastic) comment from the "hot" woman:
Where I'm from, women dress up—like put on makeup and do their nails—to go to the supermarket... I was raised very Latin. We're feminine. A woman in Puerto Rico takes care of herself.Do you see what just happened there?
You see, the headline is that she's "too hot" (not a protected class); but she frames the problem as her employer not allowing her to be feminine, the way women from Puerto Rico are... you know, Latin women. All of a sudden we have possible sex, gender-stereotyping, color, race, and maybe even national origin*-based discrimination claims! All of which are protected under Title VII.
Sometimes, it's all in the way you frame the issue!
HT: Stephanie Thomas aka ProactiveStats via Twitter.
*Some courts have assumed arguendo that Puerto Rican is a "national origin" for Title VII claims; see Feliciano de la Cruz v. El Conquistador Resort and Country Club, 218 F.3d 1 (2000).
Posted by Philip Miles, an employment lawyer with McQuaide Blasko in State College, Pennsylvania.