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Abstract

Racial disparities are rampant in the fashion industry. This article explores how existing antidiscrimination law can be used to combat this problem and highlights the delicate balance between First Amendment rights and anti-discrimination law. The article also examines recent and proposed changes in state law designed to protect the fashion models’ legal rights. The article also compares U.S. employment law with employment law in the United Kingdom and European Union and suggests which legal concepts from those jurisdictions would help fight discrimination in the fashion industry if they were adopted in the U.S. Lastly, the article recommends regulatory changes designed to educate fashion models about their legal rights and ensure that models from underrepresented backgrounds are given the opportunity to audition for roles.

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