In my employee handbook it says men cannot wear earrings at work. Is that discrimination?

Sometimes law and pragmatism are at war. In this case, you are correct that it is both unfair and discriminatory. What to do about it is a very different question. You can, of course, quit your job in protest, which would leave you unemployed and would thus not sound like a perfect solution. You can file a charge of discrimination with the Equal Employment Opportunity Commission or a state human rights agency, which may make you somewhat disfavored at work, and thus may also be an imperfect solution. In law, as in everything else, you must choose your battles. Good luck to you.

I understand your frustration with the policy. But as a general rule, “grooming” regulations, promulgated by employers, which require male and female employees to conform to different standards but do not impose unequal burdens on men and women, have not constituted sex discrimination under Title VII because they do not significantly deprive men or women of employment opportunities. See, e.g. Macissac v. Remington Hospitality, Inc., 61 Mass.App.Ct. 1117, 811 N.E.2d 524 (Table (Mass.App.Ct.,2004)(employee's dismissal for failure to adhere to earring policy affirmed); Kleinsorge v. Eyeland Corp., 81 Fair Empl. Prac. Cas. (BNA) 1601 (E.D.Pa.2000) (holding personal grooming code which allows females to wear earrings but prohibits men from wearing earrings does not constitute a violation of Title VII); Capaldo v. Pan Am. Fed. Credit Union, 43 Empl. Prac. Dec. (CCH) ¶ 37,016 (E.D.N.Y.1987) (holding unwritten personal grooming code which allows females to wear earrings but prohibits men from wearing earrings does not constitute a violation of Title VII); Lockhart v. Louisiana-Pacific Corp., 102 Or.App. 593, 795 P.2d 602, 604 (1990) (holding personal grooming code which allows females to wear jewelry but prohibits men from wearing facial jewelry was not sexually discriminatory under state statute); Pecenka v. Fareway Stores, Inc., 672 N.W.2d 800 (Iowa 2003)(same).

I agree with my colleagues. The present state of the law allows employers to impose grooming restrictions or rules which may prohibit men from wearing earrings, piercings and even tattoos. Some employers do not allow facial hair or hair worn at a specified length. Some require clothing styles, color, etc. Most of these type of restrictions is legal. There have been challenges brought by employees based on religious or disability issues, where the employee claims the employer's policy may violate a religious belief or for medical reasons such as the person who cannot shave, for instance, due to facial conditions. But these cases are viewed on a case by case basis and pits the employer's right to portray a certain image to the public vs. a statutory right to not be subjected to discrimination on a basis which is protected by law. It would not appear that your desire to wear earrings is protected by any form of discrimination embodied in state or federal statutes. If you believe it is, you should discuss this with an employment law attorney in your area.