Spas are becoming ubiquitous throughout the United States. In California and elsewhere, more members of the general public have access to waxing, facials, massage and other treatments than ever before. With this increased access, however, comes the potential for additional lawsuits, some of which are related to employment law. One woman from Western Pennsylvania, for example, is filing a wrongful termination suit because she was fired after refusing to undergo a Brazilian wax. The suit was filed in federal court in late June.
The woman, age 35, was undergoing training at the local European Wax Center at the time of the incident, which occurred in October. The employees of the center were required to demonstrate the Brazilian technique of waxing on each other in order to ensure job competency. While the woman had no problem performing the wax, she refused to receive the treatment, which is admittedly invasive. Brazilian waxes involve the complete removal of hair from the female genital region. The woman was unaware she would be required to receive the service, according to the suit.
The woman and her attorney have filed wrongful termination and gender discrimination claims; only women were required to participate in the activity. The woman was not only required to participate in an invasive procedure as part of her job, but she was also called upon to expose her genitals to her coworkers, according to her attorney. It is clearly not necessary to receive a Brazilian wax in order to know how to perform such a task, according to the claim.
Many of the other women were also reportedly very uncomfortable with the procedure, but they did not outright refuse. Instead, they opted to tell trainers they were menstruating.
Employers obviously cannot force their workers to expose themselves to coworkers. In this case, the woman could receive financial compensation for lost wages, along with other claims such as emotional distress. She has taken the right first step by soliciting the assistance of a qualified employment attorney.
www.huffingtonpost.com, “Spa Worker Says She Was Fired For Refusing Brazilian Wax As Part Of Training” Dave Jamieson, Jul. 01, 2013