Nonbinary Alaska Air workers hurt by dress code, ACLU says

Alaska Airlines’s flight attendant uniform policy discriminates against nonbinary workers by forcing them to “conform to rigid gender stereotypes,” the ACLU alleged in a Friday letter demanding that the airline alter its dress code. The American Civil Liberties Union wrote the letter on behalf of Seattle-based flight attendant Justin Wetherell, whose gender identity is nonbinary, or not strictly male or female, and whose gender expression is fluid and can change over time. Alaska Airlines allegedly has “male” and “female” dress and grooming requirements, allowing transgender workers to adhere to standards that match their gender identity, according to the letter. But the policy “demeans employees who do not conform to gender stereotypes and materially interferes with their ability to do their jobs under equal terms and conditions as other employees.” “Justin has repeatedly been refused the opportunity to meet and discuss flight attendant standards with executive management, and Justin’s perspective as a non-binary individual and complaints of discrimination have been summarily dismissed,” the letter said, alleging that the airline’s policy violates Title VII of the 1964 Civil Rights Act and Washington state law. Wetherell has filed a discrimination complaint with the Washington State Human Rights Commission, the ACLU told Bloomberg Law. Workers generally must file bias charges with an administrative agency before they can sue, at least under federal law. Last year, the U.S. Supreme Court decided that Title VII prohibited workplace discrimination based on sexual orientation and transgender status, but didn’t specifically address dress codes and other related LGBT issues. <br/>