Workplace conversations often include casual remarks about clothing, hairstyles, or general appearance. While some comments may seem harmless or even intended as compliments, repeated or inappropriate remarks about an employee’s appearance can cross the line and create discomfort and hostility.
Understanding where the legal boundaries lie can help employees recognize when workplace behavior is inappropriate and what steps they can take to protect themselves.
When Do Comments About Appearance Become Workplace Harassment
Not every comment about someone’s appearance is considered unlawful under California law. However, comments can cross the line when they are unwelcome, repeated, sexual in nature, or discriminatory. Examples of potentially inappropriate comments include:
- Sexual remarks about a coworker’s body
- Comments about how someone should dress “to look more attractive”
- Repeated remarks about weight or body shape
- Criticizing hairstyles tied to cultural or racial identity
- Suggesting someone should dress more “feminine” or “masculine”
- Jokes about aging or physical appearance
- Comments about pregnancy-related body changes
When these types of remarks become persistent or are tied to a protected characteristic then these comments may legally qualify as harassment.
How Harmful Comments Can Create a Hostile Work Environment
Under California law, harassment becomes illegal when it is severe or pervasive enough to create a hostile work environment. To some people’s surprise, a hostile work environment may exist when these comments occur repeatedly over time, or if it interferes with one’s ability to work. Even comments that might seem minor individually can become harassment when they occur frequently, are tolerated by management, or even said by management themselves.
Harassment Differences Between Supervisors vs. Coworkers
When harmful comments are made in the workplace, who says them can make a huge difference in how it can be corrected if it goes too far.
For example, if a supervisor makes harmful comments, the process to rectify the behavior may have larger consequences and a lasting aftermath than a coworker.
In addition, the legal consequences of harassment can differ depending on who is responsible, because if the harassment comes from a supervisor or manager, employers can be automatically held liable for the conduct under California law. However, when the harassment comes from coworkers, the employer is not as liable but may still be if the company knew or should have known about the harassment and failed to take reasonable steps to stop it.
What Employees Should Do If Comments Cross the Line
If a worker believes that comments made about their appearance are becoming inappropriate or borderline harassment, there are steps that can be taken to protect themself. One of the first things any worker should do is to document the comment and keep detailed records such as what was said, the tone, the frequency of the comment, and if there were any witnesses.
After doing so, it is recommended to bring up the issue to HR so that a proper investigation can be made and to see if it can be handled internally. If the comments still persist, then it is recommended to consult with an experienced labor attorney who can shed some light about this situation and provide next steps.
Why Speaking With an Employment Lawyer Can Help
Workplace harassment cases can be complex especially when it is all comment based. Many employees are unsure whether certain behavior rises to the level of unlawful harassment or whether they even have legal options in the first place. An experienced employment lawyer can help by:
- Evaluating whether the conduct violates California law
- Determining whether the harassment is severe or pervasive
- Helping file complaints with the appropriate agencies
- Pursuing legal action if necessary
Legal guidance can be especially important when harassment is ongoing or when employers fail to address complaints.
Contact Lawyers for Justice, P.C. for Help Today
No employee should feel uncomfortable, intimidated, or demeaned at work because of comments about their appearance. If coworkers or supervisors repeatedly make inappropriate remarks tied to gender, race, or other protected characteristics, those comments may constitute unlawful harassment.
At Lawyers for Justice, P.C.® our team of labor attorneys are committed to provide top-tier legal representation to their clients and will not stop until justice is served.
Call today at (818) JUSTICE for a free case consultation.
Attorney advertisement by Arby Aiwazian of Lawyers for Justice, P.C., headquartered at 450 N Brand Blvd, Glendale, CA 91203
