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Protecting the Ugly
Saturday, September 3rd, 2011
My colleagues and I recently discussed a rather large verdict obtained on a downstate case. We tended to agree that the plaintiff’s attorney reminded us of John Edwards with his good looks and fluffy hair. During the conversation, one of my coworkers made the comment, “Jurors love good-looking people.”
It’s true. That’s why an op-ed recently published by the New York Times titled “Ugly? You May Have a Case” didn’t seem that far fetched.
Daniel Hamermesh, a professor of economics at the University of Texas in Austin, suggests extending legal protections to the ugly. Might he have a point? According to his article, research has shown that attractive people make more money than their ugly counterparts, secure more attractive mates who make more money, and get better mortgage deals.
Men and women equally benefit or suffer from their perceived beauty or ugliness. While a woman’s looks may affect her ability to find a mate, a man’s looks have a greater impact on his career.
Due to the disadvantages ugly people face, Professor Hamermesh posits that a small extension of the Americans with Disabilities Act with enforcement by the Equal Employment Opportunity Commission could provide the remedy to the disparity in treatment between the swans and the ugly ducklings. Currently, some states even have laws banning discrimination based on looks in employment and housing.
We probably will not see new federal laws protecting the unsightly anytime soon, but Professor Hamermesh makes a point. Attorneys certainly take into consideration the relative attractiveness of their clients as compared to the opposition when evaluating the strength of a case at trial.
A link to the New York Times article: http://www.nytimes.com/2011/08/28/opinion/sunday/ugly-you-may-have-a-case.html?_r=1&scp=5&sq=law+professor&st=nyt
– Morgan C. Klein, Attorney
