Prevention

Abstract

Abstract There is a powerful case for prohibiting appearance discrimination in the context of employment when it is non-contingently wrong in virtue of being disrespectful or unfair. When appearance discrimination is only contingently wrong because it has unjust consequences, then in principle at least it might be mitigated by compensation. But the injustice to which it contributes may be sufficiently grave to justify preventing it through legislation. Some have suggested that existing legislation against discrimination on the basis of disability might be extended to cover some cases of appearance discrimination in employment. It is argued, however, that it would be better to develop legislation targeted specifically at appearance discrimination in this context. Legislation against appearance discrimination in other contexts, such as personal relationships, would face both practical and normative objections. It could not be enforced in a way that was publicly checkable and did not violate the defendants’ right to privacy.