Abstrakti
Anti-discrimination law singles out protected personal characteristics,
making disadvantages legally relevant when they fall under established
grounds. Appearance exposes the limitations of this architecture. It may
affect access to employment and social goods and intersect with sex, race,
disability, age, religion, and socio-economic class. Yet neither physical
appearance nor body size is an autonomous protected ground under the
dominant European Union employment equality regime. This article
compares the EU’s ground-based architecture, France’s explicit protection
of physical appearance, and New York City’s targeted protection of height
and weight. It argues that the EU approach creates a derivative protection
trap: appearance-related harm receives protection only when reframed
through a recognised ground. France and New York City offer different
alternatives. Drawing on comparative anti-discrimination theory, the
article proposes an appearance-relevance test addressing disadvantage,
stereotyping, functional relevance, and proportional justification. Its
purpose is to distinguish private preferences from appearance-based
exclusion from significant social opportunities.
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