Is this legal?

What is the name of your state? Vermont
My boss has told me I need to wear long sleeve shirts to cover the scars on my are due to when I was doing cutting. They are now only scars and I have been diagnosed with level 2 bi-polar disorder and am being treated for this. I like my job, but it is in a fast food restaurant and it gets very hot. I just want to know if this is legal or not.

Yes its legal and reasonable. You really think that restaurant patrons want to see your scars while they are getting their food prepared?

back3 said:

I just want to know if this is legal or not.

Click to expand...

It's probably not legal. The ADA includes cosmetic disfigurement in its definition of disability. This is from the EEOC's website: I suspect EEOC would take the same view regarding your employer's reaction to the scars on your arms, and more so because they are connected to your bi-polarism.

You probably should discuss your situation with your local EEOC office or contact EEOC at 1-800-669-4000.

mitousmom said:

It's probably not legal. The ADA includes cosmetic disfigurement in its definition of disability. This is from the EEOC's website:

Similarly, a person who has a cosmetic disfigurement may
be continuously refused employment because of employers' fears
about the negative reactions of co-workers or clients. These
persons would be covered under the third part of the definition
of the term "disability."​

I suspect EEOC would take the same view regarding your employer's reaction to the scars on your arms, and more so because they are connected to your bi-polarism.

You probably should discuss your situation with your local EEOC office or contact EEOC at 1-800-669-4000.

Click to expand...

I disagree, although the definition is accurate from the EEOC and the ADA itself, the OP is not being discriminated against for either employment, promotion, training, etc.... Al the employer is doing and I believe it to be very reasonable, is to cover his arms. mitousmom, you are really pushing the envelope on this one.

The employer is imposing a special dress code for the poster because of his disfigurement. EEOC and many federal courts would consider that to be a term & condition of employment covered by the anti-discrimination statutes. Harm under the statutes doesn't have to involve hire, promotion, demotion, training, etc. There are plenty of court decisions on appearance, facial hair, etc.

I'm referring the poster to EEOC. Let them decide. I can only point out that EEOC filed a lawsuit under the ADA against McDonald's for allegedly informing an employee that she would never be promoted to management because of a large port wine stain on her face. See http://www.workplaceanswers.com/News/EEOC-Sues-McDonalds-Restaurant-for-Disability-Bia17.aspx.

weenor said:

Yes its legal and reasonable. You really think that restaurant patrons want to see your scars while they are getting their food prepared?

Click to expand...

wow, what a thing to say...