Is it sex discrimination for an employer to prohibit its male employees from
wearing earrings without any similar prohibition for its female employees? The
United States District Court for the Eastern District of Pennsylvania recently
answered this question with a resounding "no," reemphasizing the
notion that properly administered appearance policies do not generally violate
Title VII.
In Kleinsorge v. Eyeland Corp. (E.D. Penn. 2000), Dr. Frank Kleinsorge worked
as an optometrist in Eyeland’s Stroudsburg, Pennsylvania store. Eyeland’s
appearance policy prohibited male employees from wearing earrings while on the
job. The policy did not, on the other hand, prohibit female employees from
wearing earrings at work. Despite the appearance policy, Dr. Kleinsorge often
wore small earrings to work. Dr. Kleinsorge was counseled for this practice, but
he continued to wear earrings on the job. He was ultimately fired for doing so.
After he was fired, Dr. Kleinsorge filed suit
