A dating website for "beautiful men and women", BeautifulPeople.com, where members are selected according to their good looks, came under attack earlier this month when a virus allowed 30,000 new members admittance.
The virus, since named the 'Shrek virus', attacked the software used to vet potential members. It meant that the process of existing members screening potential members based on their looks did not take place and anyone could join the dating site.
Is beauty in the eye of the beholder? Is this discrimination against "ugly" people? How about a business who wants an attractive receptionist, are they allowed to discriminate against applicants on the basis of what the employer considers good-looking?
The difficulty with judgements of this sort is that they are usually made by men about women. If an ugly woman is turned down for a receptionist's job by a male employer, the employer might, if pushed, say the reason was that she was ugly and the job requires an attractive person. The woman will say that the employer would not have made an equivalent judgment about a man (indeed he may not have been able to make that judgment) and that therefore she has been discriminated against on grounds of her sex. My guess is that she would probably win.
But what of the ugly man applying for the same job? If turned down, the employer might say that it was because he was ugly. The man would say that he was turned down because the employer wanted a woman for the job and that therefore he has been discriminated against on grounds of his sex. My guess is, again, that he would probably win.
Even if the employer is believed when he says that the candidate (whether male or female) was turned down on grounds of ugliness, this will not help him if the candidate was suffering from a severe facial or other disfigurement. This will be classed as a 'disability' under the disability discrimination legislation. But when do unattractive features become a 'disfigurement'? And would an employer be justified in refusing a receptionist's job to a candidate with a disfigurement on the grounds that customers and visitors might be put off?
So it's catch 22 for the employer. Maybe the only way to address the situation is to introduce legislation banning discrimination against ugly people, so that we all know where we stand. No doubt the European Commission will be proposing a Directive very soon…
For further information please contact Matthew Clayton, partner at Rickerbys LLP, on 01242 246497 or email matthew.clayton@rickerbys.com.
