In what looks to be a first-of-its-kind case, the Washington State Human Rights Commission (WSHRC) has alleged that a major airline’s dress code policy discriminates against a nonbinary flight attendant under state law.
The Washington Law Against Discrimination (WLAD) forbids covered employers from requiring an individual to dress or groom in a manner inconsistent with that individual’s gender expression or gender identity. In this case, the policy in question requires flight attendants to wear either a male or female “kit,” and allows an employee to choose which regardless of their birth-assigned sex, but prohibits the mixing of kits.
According to the WSHRC, the policy nevertheless discriminates against a nonbinary flight attendant, who would have preferred to wear the pieces in the female uniform kit but felt compelled to present as male because the airline’s uniform policy allowed facial hair only in conjunction with the male uniform kit. The agency has filed a formal complaint with Washington’s Office of Administrative Hearings (OAH) to declare the airline’s conduct discriminatory, require the airline to change its policy, and award damages to the employee and any other affected employees.
Members of the Center for Workplace Compliance (CWC) can read more here.