Woman fails to get job for going make-up free to interview – Is this sex discrimination?

New Yorker, Melissa Weaver, recently went viral on TikTok after sharing how she was rejected for a VP role because she didn’t wear make up for her interview. After she was rejected, she asked for feedback and was told that, though her experience lined up perfectly with the role, the company were concerned that she hadn’t put enough effort into her appearance for the interview.

If the role had been UK-based, could the business have been found guilty of sex discrimination?

In the UK, sex discrimination in employment situations is governed by the Equality Act 2010, which protects individuals from being discriminated against because of certain protected characteristics, including sex. The law covers job applicants as well as employees.

The specific form of discrimination in this case would most likely be considered ‘direct sex discrimination’. Direct discrimination occurs when someone is treated less favourably than another person because of a protected characteristic. The key issue in this scenario, is to ask the question, “would similar standards be expected from male candidates?”

If the makeup requirement was solely based on traditional gender norms and not on job performance, it is likely to be direct discrimination.

Employers in the UK are advised to ensure their recruitment processes and workplace policies don’t discriminate against employees or job applicants. As such, any dress code or appearance policies apply equally to both sexes unless there is a specific and justifiable reason related to the job that requires different standards.

Further reading

• Discrimination – Your rights – Gov.uk
• Your rights under the Equality Act 2010 – EHRC
• Sex Dicrimination – ACAS
• Sex discrimination at work – CIPD