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Author Topic: Mandatory makeup redux
robbie_dee
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posted 23 June 2005 12:53 PM      Profile for robbie_dee     Send New Private Message      Edit/Delete Post  Reply With Quote 
On this now closed thread we discussed a decision by a three-judge panel of the U.S. Court of Appeals for the 9th Circuit that an employer could require a female bartender to wear makeup without violating sex discrimination laws.

I thought it might be worth reviving the thread to note that the court has decided to review the decision en banc (before a larger 11 judge panel). Arguments were heard yesterday in San Francisco.

The San Francisco Chronicle reports:

quote:
A federal appeals court peppered lawyers with questions Wednesday about men in lipstick and women forced to wear demeaning placards while pondering the question of whether a casino can require female bartenders to wear makeup.

An 11-judge panel of the Ninth U.S. Circuit Court of Appeals in San Francisco was obviously divided over the application of civil rights laws to employers who set different standards of grooming and appearance for women than for men. The case may determine how far employers can go in enforcing dress codes that are, as defense lawyer Patrick Hicks put it, "consistent with social norms."

"How can you tell social norms from sexual stereotypes?" Judge Alex Kozinski asked Hicks, who represented Harrah's, owner of the Reno gambling hall where the case arose.


[ 23 June 2005: Message edited by: robbie_dee ]


From: Iron City | Registered: Apr 2001  |  IP: Logged
skdadl
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posted 23 June 2005 01:05 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
"How can you tell social norms from sexual stereotypes?" Judge Alex Kozinski asked

I call that "cutting to the chase."


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brebis noire
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posted 23 June 2005 01:10 PM      Profile for brebis noire     Send New Private Message      Edit/Delete Post  Reply With Quote 
Ya, while we're on the subject, would somebody please tell me what colour my lips are supposed to be? I'm the curious type.
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skdadl
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posted 23 June 2005 01:16 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
C'mon, brebis noire -- everything looks good with basic noire, you lucky ewe.

Seriously, I see you as vibrant. Any colour, as long as it is vibrant.


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arborman
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posted 23 June 2005 05:04 PM      Profile for arborman     Send New Private Message      Edit/Delete Post  Reply With Quote 
I always have found makeup to be a strange manifestation of our culture. Almost, but not quite, as strange as plucked/waxed or false eyebrows. Not nearly as disturbing as self-mutilation (plastic surgery).

Even more unfortunate and bizarre are the social pressures that push women to wear/do these things.

Luckily for all of us there are large and growing groups of people of both genders who find the whole thing odd - I hope that 20 years from now the makeup industry will be a quirky historical footnote. Sadly, I think it will be more like 1000, human insecurity being the potent marketing tool that it is.


From: I'm a solipsist - isn't everyone? | Registered: Aug 2003  |  IP: Logged
brebis noire
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posted 23 June 2005 05:16 PM      Profile for brebis noire     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by arborman:
Even more unfortunate and bizarre are the social pressures that push women to wear/do these things.

Not to mention those of us who would on principle question or condemn these things, yet still engage in them in practice (for me, makeup, in small amounts, that is.) I still don't know what that means. I don't feel the huge societal pressure, but if I happen to see a woman who looks really good, and her well-applied makeup has obviously made a positive enhancement to her face, it's a big incentive to do same.


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skdadl
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posted 23 June 2005 05:21 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
Oh, I think that it can be fun, and I am in favour of fun. We must not rule out fun.

People have always taken at least some pleasure in decorating their bodies and their faces -- that must be a basic good thing about us, I feel.

It is just the more decadent, rigidly enforced sorts of decoration that either bore me or irritate me to rebellion.

But think of Nefertiti. Think of Cleopatra. For that matter, think of King Tut, funky Tut.


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skdadl
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posted 23 June 2005 05:25 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 

Great eye-liner, eh? Kohl. The Egyptians perfected kohl.


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skdadl
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posted 23 June 2005 05:32 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
Canadian poet Gwendolyn MacEwan was another famous devotee of the kohl-accentuated eyes. I am shocked that I cannot find on the Web one of the wonderful photos taken of her haunting eyes, except by this link:

A hint of the eyes of Gwendolyn MacEwan.


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brebis noire
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posted 23 June 2005 05:33 PM      Profile for brebis noire     Send New Private Message      Edit/Delete Post  Reply With Quote 
Fun - the concept was eluding me! Thanks, skdadl, I knew I had a good reason after all!
... ...

From: Quebec | Registered: Oct 2004  |  IP: Logged
skdadl
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posted 23 June 2005 05:41 PM      Profile for skdadl     Send New Private Message      Edit/Delete Post  Reply With Quote 
Well ... and then there is religion.

No! Seriously!

People have also decorated their bodies out of a sense of reverence for the body or for life, or sometimes ecstasy, what might be formalized as religious ecstasy but again has to do with wonder before life-forces -- I meant to add that to the pure pleasure line above.

That's an interesting reason to decorate as well.

I tell myself that as I apply the base-coat to my living-room walls.


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arborman
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posted 23 June 2005 07:06 PM      Profile for arborman     Send New Private Message      Edit/Delete Post  Reply With Quote 
I understand the fun aspect - arborwoman reminds me on occasion. I just have a phobia of accessorization in general - I find those who do it a lot to be unappealing in looks and conversation (broad generalization, I know).

I really dislike enforced dress codes, though not because I find them restricting (they aren't really, as long as they are not gender-based). When women are expected to spend extra money on something like makeup - a cost not expected of men - that bothers me.

If men were also expected to buy and wear makeup, I would find it odd but not offensive in a gendered way.

In a general sense, a little makeup seems OK. It gets wierd (to me) when people either have a half centimetre of shadings and colouring on their whole face, giving the impression of a mobile mannequin. It gets wierder when people remove their eyebrows, then pencil in a little arch halfway above their foreheads - as if none of us are aware of the normal location of forehead hair.


From: I'm a solipsist - isn't everyone? | Registered: Aug 2003  |  IP: Logged
Raos
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posted 23 June 2005 07:14 PM      Profile for Raos     Send New Private Message      Edit/Delete Post  Reply With Quote 
The general rule of thumb for what I think looks alright for make-up, is if I can tell it's make up. I think it's one thing to try and hide blemishes or even out skin tone or something similar, that can look nice, if you make it look as natural as possible. When you use makeup to create an artifical construct, I think it looks stupid. You may as well be painted like a clown. As Arborman said, when it's obviously fake, like too high drawn in eyebrows, or blue or green or pink eyelids, it isn't attractive. It doesn't look human to me.

[ 23 June 2005: Message edited by: Raos ]


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lagatta
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posted 23 June 2005 07:18 PM      Profile for lagatta     Send New Private Message      Edit/Delete Post  Reply With Quote 
I'm not fond of a lot of makeup either, but I think this accesorisation phobia is a bit of a cultural divide - there is an anglophone cultural thing (shared by many Germanic cultures ... but not Viennese ) that likes what is "straightforward", honest. Some of us find that terribly boring and drab, and like a bit of decoration.
From: Se non ora, quando? | Registered: Apr 2002  |  IP: Logged
arborman
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posted 23 June 2005 08:11 PM      Profile for arborman     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by lagatta:
I'm not fond of a lot of makeup either, but I think this accesorisation phobia is a bit of a cultural divide - there is an anglophone cultural thing (shared by many Germanic cultures ... but not Viennese ) that likes what is "straightforward", honest. Some of us find that terribly boring and drab, and like a bit of decoration.

Fair enough - I have little doubt it is the fault of my prairie roots. My Greek partner (arborwoman) mocks me for it on occasion.


From: I'm a solipsist - isn't everyone? | Registered: Aug 2003  |  IP: Logged
Raos
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posted 23 June 2005 08:47 PM      Profile for Raos     Send New Private Message      Edit/Delete Post  Reply With Quote 
For me personally, I don't think is so much of an aversion to artificial decoration in general, but decoration is no longer decoration if it's considered required and necessary. Like, for example, using contacts it's wholly possible to make your eyes look like cat eyes. If I were to see somebody using contacts to give themself the appearance of cat eyes, I would probably think it looks neat, and appreciate the obviously artificial decoration. If everybody used them, and there was social pressure to use them, and you wouldn't be considered presentable without them, I'm sure I would find them unattractive. Artificial changes adopted wholesale are completely different in my mind from personal choices for decoration.
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Gir Draxon
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posted 23 June 2005 08:53 PM      Profile for Gir Draxon     Send New Private Message      Edit/Delete Post  Reply With Quote 
I think she should respond by wearing makeup to work- gothic makeup complete with the white face and black lipstick (would be even better if any male employees did the same)
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belva
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posted 08 July 2005 04:40 PM      Profile for belva     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by brebis noire:
Ya, while we're on the subject, would somebody please tell me what colour my lips are supposed to be? I'm the curious type.

I agree with skdadl--ewe probably look good in almost anything. One of the fun things about makeup is experimenting & trying lots of variations.

At a professional conference this spring I met one of the lawyers working on the bar tender's appeal. It will be an interesting decision which the loser will most likely appeal to the U S Supreme Court. I hope that they do not "makeup" their minds too quickly. Sorry--I couldn't resist. I'm in a crazy mood today.


From: bliss | Registered: Feb 2005  |  IP: Logged
babblerwannabe
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posted 12 July 2005 11:15 AM      Profile for babblerwannabe     Send New Private Message      Edit/Delete Post  Reply With Quote 
what about a guy wearing make up to work!
From: toronto | Registered: Jun 2004  |  IP: Logged
Michelle
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posted 12 July 2005 11:26 AM      Profile for Michelle   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Raos:
The general rule of thumb for what I think looks alright for make-up, is if I can tell it's make up. I think it's one thing to try and hide blemishes or even out skin tone or something similar, that can look nice, if you make it look as natural as possible. When you use makeup to create an artifical construct, I think it looks stupid. You may as well be painted like a clown. As Arborman said, when it's obviously fake, like too high drawn in eyebrows, or blue or green or pink eyelids, it isn't attractive. It doesn't look human to me.

See, I disagree with this.

To me, putting on make-up to try to look "natural" is worse, at least politically, than putting on make-up for the fun of decorating yourself with make-up. The reason being that putting on make-up to look "natural" or as if you aren't wearing any kind of reinforces the idea that women SHOULD look a certain way naturally, and if they don't look that way naturally, that they "need" make-up to help them look that way.

Whereas, if you're wearing make-up with either splashy colours, or in a way so that people can tell you're wearing make-up, you're not doing it in order to pretend you're perfect, but out of creativity and fun.


From: I've got a fever, and the only prescription is more cowbell. | Registered: May 2001  |  IP: Logged
EFA
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posted 12 July 2005 11:33 AM      Profile for EFA        Edit/Delete Post  Reply With Quote 
I think it's ridiculous to force women to wear make-up. If they want to, that's great, they should go for it but an employer has no right to enforce it. I was once advised by an HR manager to wear make-up to interviews. I was really offended by that.

I've also seen an office administration handbook that claims it's "unprofessional" for women not to wear make-up. I very rarely wear make-up and, to be honest with you, I am bewildered by the array of products out there. I don't even know what half of that shit is for.


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periyar
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posted 12 July 2005 11:56 AM      Profile for periyar   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Michelle:

See, I disagree with this.

To me, putting on make-up to try to look "natural" is worse, at least politically, than putting on make-up for the fun of decorating yourself with make-up. The reason being that putting on make-up to look "natural" or as if you aren't wearing any kind of reinforces the idea that women SHOULD look a certain way naturally, and if they don't look that way naturally, that they "need" make-up to help them look that way.


Yes I wholeheartedly agree. I've always been annoyed when I've heard men say that but could never articulate why.


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Nikita
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posted 12 July 2005 12:24 PM      Profile for Nikita     Send New Private Message      Edit/Delete Post  Reply With Quote 
To me, makeup is kind of a shield. I feel less exposed when I wear makeup than when I don't.
It's tiresome.

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v michel
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posted 12 July 2005 12:39 PM      Profile for v michel     Send New Private Message      Edit/Delete Post  Reply With Quote 
As far as the workplace, I suppose I can understand a rule that workers must accommodate a certain "look" for the brand (although I hate that idea on a moral level). But having rules about how to achieve that look is a bit patronizing. I know what to do to make myself look professional, and it doesn't involve makeup. For another woman, it might.

Why not leave it up to the workers to decide which products, if any, they want to use to achieve the desired look? How patronizing to say that not only must I achieve a certain look, the boss knows better than me what products I must use to achieve that look.

If I'm a bartender, tell me I must look sexy (or whatever). I'll figure it out. Don't tell me I must apply make-up because you think I need that kind of explicit direction. Or, as I suspect in this case, because you know you're walking into a lawsuit directing someone to look sexy and you think you're on safer ground directing them to wear make-up instead.


From: a protected valley in the middle of nothing | Registered: Jan 2005  |  IP: Logged
Michelle
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posted 12 July 2005 01:04 PM      Profile for Michelle   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
When I worked at The Body Shop for a couple of Christmasses while in university, one of the rules was that you had to wear five different items of The Body Shop make-up to work. There were exemptions if you were allergic to it (that was the case with one of my co-workers) but otherwise, you had to wear it.

I have no idea what would have happened had we refused. At that point, it had been ages since I wore make-up regularly since I was a student and didn't bother. I wore it, but didn't like the fact that I HAD to wear it. It was particularly galling considering that The Body Shop makes a big marketing issue of how women are fine as they are, and blah blah blah. I probably should have had fun with it and wore it garishly.

I don't wear make-up every day - it's hit and miss for me. I like wearing it for fun, but I often don't bother.

[ 12 July 2005: Message edited by: Michelle ]


From: I've got a fever, and the only prescription is more cowbell. | Registered: May 2001  |  IP: Logged
Nikita
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posted 12 July 2005 01:07 PM      Profile for Nikita     Send New Private Message      Edit/Delete Post  Reply With Quote 
à la Mimi Bobeck?

edit: gosh darn images are so tricky

[ 12 July 2005: Message edited by: Nikita ]


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Michelle
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posted 12 July 2005 01:09 PM      Profile for Michelle   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
Ha! Is she the one from the Drew Carey show? (I can't see the picture you posted.)

Anyhow, no, I wasn't quite thinking Mimi or Tammy Faye levels.


From: I've got a fever, and the only prescription is more cowbell. | Registered: May 2001  |  IP: Logged
Nikita
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posted 12 July 2005 01:11 PM      Profile for Nikita     Send New Private Message      Edit/Delete Post  Reply With Quote 
Dang I thought I'd figured the image thing. Well you get the point, although the pic woulda been much snazzier.
From: Regina | Registered: Apr 2005  |  IP: Logged
out-of-academia
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posted 19 July 2005 07:14 AM      Profile for out-of-academia     Send New Private Message      Edit/Delete Post  Reply With Quote 
I think it's absolutely a violation to try to force somebody to wear makeup. There are chemicals in these products that many people react to, for one. But above that, it seems like a basic violation of what someone chooses to do with/to their body.

On a personal note, I do wear some makeup occasionally, but I have no problem not wearing any most of the time.

I think the person in question should go to work with makeup so over-the-top that she looks like a really hung-over drag queen. "Ya want PRETTY?? Here ya go, boss. . ." Think Mimi from the Drew Carey show


From: Canada | Registered: Jun 2005  |  IP: Logged

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