Legal Question in Disability Law in California

Summary: Is my company discriminating against me when they refuse to pay for half of the cost of eye glasses? My company has a very strict new eye glasses policy that makes it very hard for female employees to purchase feminine looking glasses, and I cannot wear contacts.

I have worked for a small California based fast food restaurant for the past 10 years. 2 years ago my company changed their dress code policy for eye glasses. We used to be able to wear any frames that we chose. Now we have to wear frames that are either black or brown plastic (no other colors) or metal (gold or silver) no other colored metals. We can also choose to wear contact lenses.

Here is my situation. I can not see without corrective lenses and I cannot wear contacts for medical reasons. If I went to my job without glasses I could not perform my job. The new dress code makes it very easy for the male associates in my company to purchase glasses, but limits the females choices a lot. We as females are limited to very masculine frames based on the new dress code. I have brought this up to management and I have called our company employee complaint phone line with no satisfaction. I have asked for the company to help me pay for part of the cost of my frames that are company approved and I will pay for all of my glasses that I choose to wear at home.

What I ended up doing was buying 1 pair of glasses for $300 that I can wear at work. They are gold metal and look very much like one of my male co-workers frames. I also paid another $300 for a second pair of more feminine frames that I wear at home.

Is my company discriminating against me when they refuse to pay for half of the cost of eye glasses? My company has a very strict new eye glasses policy that makes it very hard for female employees to purchase feminine looking glasses.


Asked on 1/11/10, 11:39 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

No ma'am. This is not discrimination. The males and females are treated equally - even though girls want to wear fun looking glasses and boys probably do not.

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Answered on 1/17/10, 6:41 am


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