Appearance standard are a defense to discrimination claim only if they are enforced in a non-discriminatory fashion. Employers can regulate workplace appearance as long as they do not violate Title VII of the Civil Rights Act. For example, the hotel can create appearance standard for whole group of the Female Staff if it provides a legitimate business justification.
In current case, the appearance standard would not have saved the employer because the employer only implemented it against the Lewis. However, if the standard was implemented through the organization with a legitimate business justification, it could have saved them from discrimination claim.
However, it is dually noted that there is not legitimate business justification in current case for making the appearance as a standard.
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