She’s got the look

A growing tide of retailers appear to be making Job applicant selection based on the physical appearance of potential candidates, which has given discrimination watchdogs cause for concern. Nina Hendy investigates if the fashion world has gone too far in its bid to meet those increasingly elusive sales targets.

Hiring staff for a job in fashion retail used to be a rather simple affair. Hand out a form to potential candidates, ask them to give you a resume and pick the best person for the job.

But that’s all changed as retailers put a growing emphasis on physical appearance. In fact, walk down any mall or retail strip in the country and it appears that some fashion retailers are hell-bent on hiring employees resembling something closer to a model than an every-day person.

There have been growing concerns that some retailers are regularly seeking out and hiring staff based on their physical appearance, with previous experience and training taking a back seat in some instances.

And some fashion retailers, including teenage fashion chain store Supré, are going one step further by actually requesting that potential candidates send a photograph when applying for jobs in high-end boutiques and chain stores.

American Apparel has been the most open about its right to select staff based on appearance, after opening its first store in Melbourne in March last year.

The company’s marketing material has attracted attention for its overtly sexual nature, with subjects often only half-dressed and in sexual poses.

In fact, employees are often used in advertising campaigns, as evidenced by the company’s Australian website, which has a slide-show of raunchy images of ‘Liz’, an employee at the brand’s Melbourne store.

A spokesman for the brand says many employees were discovered by founder Dov Charney personally and the brand strives to keep its “scouting” on the same level.

The retailer argues that by extending the invitation to applicants to include pictures of themselves, as well as examples of their creative work, submitted through its website, it offers would-be employees the chance to make the same impression as a candidate who comes in person to an open call even if they can’t actually make it to one.

“We look for people with an aesthetic point of view that is on a similar plane to our brand, who can contribute to our global image,” the spokesman said.

“It is not a question of beauty, it’s an issue of personal style. When we place for retail we look for people who have the innate capacity to represent our brand, wear the clothes in an intelligent way that creates excitement, and has a passion for and an understanding of where the company is going.

“For the majority of applicants, they are as comfortable with this submission as they are with any other form of social networking.”

Fashion chain Supré also appears to believe staff aesthetics are important, with the retail group requesting photos as part of its application process. Its online application form asks all the usual information, then says “show us your fashion style. Please attach a picture of yourself’’, with potential employees able to upload a photo of themselves when applying online.

Supré did not respond to requests to answer questions on why it felt the need to ask potential employees to submit imagery of themselves along with their resumes. However, it was not alone, with other fashion retailers contacted also proving reticent when asked to comment.

A search through the websites of fashion retailers Just Jeans, Myer, Witchery, Alannah Hill, Wayne Cooper, Kookai, David Jones, Herringbone, Metalicus, Mimco and Cotton On shows that of those with online career sections, none request a photograph during the application process – online, at least.

But whether or not these retailers are requesting a photo during the application process doesn’t determine whether staff are being hired based on their looks, with the interview process giving retailers the perfect opportunity to hire – or not – based on appearance. 

Authorities believe the practice of hiring based on looks is common among fashion retailers. Helen Szoke, CEO of Victoria’s Equal Opportunity and Human Rights Commission, says there aren’t any laws preventing fashion retailers requesting a photograph with a job application.

However, Szoke says if the photo is used to determine whether or not someone is suitable for a job, then she’s got concerns.

“The current laws mean that a recruiter can ask for a photo from a prospective employee, but how someone appears in that photo can’t then be used to discriminate against someone based on their age, appearance, sex, or ethnicity or gender,” she says.

“It’s good for businesses to have diversity among their staff. I would have thought that would be especially important in fashion where men and women aren’t the size of models on the catwalk. But businesses don’t seem to understand this for some reason,” she says.

“If you look around the community you can see that people are being recruited on the basis of fitting a stereotype – which is usually small and attractive. The message would be that we want to be seeing all shapes and sizes in those shops.”

In 2007/08, the Commission handled 39 complaints from people who believed they had been knocked back from a position based on their looks in Victoria alone. In 2008/09, it fielded 30 complaints.
However, Szoke fears many cases of discrimination during the job application process in fashion retail go unreported.

“Our concern is that to bring a complaint against someone actually takes a fair bit of confidence. And usually if the person believes they’ve been knocked back from a job based on their looks, they aren’t feeling that confident.

“Therefore, they may not go ahead with the complaints process. And retailers need to remember that it’s actually good for businesses to have all sorts of people reflected in their staff.”

University of Sydney work and organisational studies senior lecturer Diane van den Broek and her team have researched the importance of appearance in the Australian fashion retail scene.

Having undertaken a study into the subject, their findings suggested the ‘right appearance’ is very important when selecting customer service staff (84 per cent), which was over and above the right qualifications (44 per cent) and also deemed more important than previous experience (78 per cent).

Van den Broek says the study attempts to quantify what many people observe anecdotally both in Australia and overseas – that people are often hired based on their physical attributes.

“Legislation (such as in Victoria) can attempt to protect discrimination on the basis of physical features. This is a step in the right direction, but ultimately, it may be a blunt instrument,” she says.

Careerone.com.au editor Kate Southam has received an increasing number of enquiries from job seekers wondering whether to include a photo with a resume, and advocates against it.

“My personal view is don’t send a photo,” Southam says. “You want to be hired on the strength of your skills and ability, not because you are attractive. You also don’t want to be excluded because of your looks. In Australia, an employer asking for a photo with a job application is still seen as a no-no.”

Southam admits she has heard stories of some employers asking for a copy of a drivers’ licence, which has a photo on it. “If a company is trying an underhanded trick like that just to get a look at you before deciding whether to invite you for an interview, then you really have to ask yourself what other poor people policies it practices.”


NEED TO KNOW

It is unlawful for any employer, large or small, to discriminate against an employee, even if they are on probation, an apprentice or trainee, working casually, permanently, full-time or part-time, according to the Australian Human Rights Commission (AHRC).

Under these laws, an employee can make a complain if they think they have been refused employment, dismissed, denied promotion, transfer or other benefits associated with employment; or given less favourable terms or conditions of employment or denied equal access to training opportunities.

The AHRC will investigate complaints of discrimination in the workplace lodged based on race, sex, disability, medical condition or age.

The Commission is a neutral third party and does not represent the interests of either the person making the complaint or the person or organisation being complained about. A large number of complaints that are brought to the Commission are successfully conciliated. If the complaint can’t be resolved through conciliation, the complainant may choose to pursue the matter in court.

Source: The Australian Human Rights Commission.