Hair discrimination
Posted by Bill on February 16, 2002 at 22:45:07: Previous Next
When I was hired I had to sign an employee dress code agreement. At that time I had long hair in a pony tail and was concerned about the part of the code that referred to no hair longer than the shirt collar and NO pony tails. I asked if my hair would be a problem and the manager that hired me said no and explained that several employees in the organization had hair like mine. We now have a new district manager and he is enforcing the dress code to the letter. I have been with this company for 2 years, any suggestions besides “find another job or cut your hair”? What do you think about the religion angle?
Facts About Religious Discrimination Title VII of the Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. The Act also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an undue hardship upon the employer (see also 29 CFR l605). Flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers are examples of accommodating an employee's religious beliefs.
Employers cannot schedule examinations or other selection activities in conflict with a current or prospective employee's religious needs, inquire about an applicant's future availability at certain times, ***maintain a restrictive dress code***, or refuse to allow observance of a Sabbath or religious holiday, unless the employer can prove that not doing so would cause an undue hardship.
Re: Hair discrimination
Posted by Robert on February 17, 2002 at 07:24:08: Previous Next
In Reply to: Hair discrimination posted by Bill on February 16, 2002 at 22:45:07:
A couple of questions: how about the approach that what your former manager told you constituted an oral contract (albeit in conflict with what was written); and second: can you make a religious connection between you and your hair? If so, how?
Robert
: When I was hired I had to sign an employee dress code agreement. At that time I had long hair in a pony tail and was concerned about the part of the code that referred to no hair longer than the shirt collar and NO pony tails. I asked if my hair would be a problem and the manager that hired me said no and explained that several employees in the organization had hair like mine. We now have a new district manager and he is enforcing the dress code to the letter. I have been with this company for 2 years, any suggestions besides “find another job or cut your hair”? What do you think about the religion angle?
: Facts About Religious Discrimination Title VII of the Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. The Act also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an undue hardship upon the employer (see also 29 CFR l605). Flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers are examples of accommodating an employee's religious beliefs.
: Employers cannot schedule examinations or other selection activities in conflict with a current or prospective employee's religious needs, inquire about an applicant's future availability at certain times, ***maintain a restrictive dress code***, or refuse to allow observance of a Sabbath or religious holiday, unless the employer can prove that not doing so would cause an undue hardship.
Re: Hair discrimination/ some thoughts ?
Posted by petronius on February 17, 2002 at 08:31:42: Previous Next
In Reply to: Hair discrimination posted by Bill on February 16, 2002 at 22:45:07:
: When I was hired I had to sign an employee dress code agreement. At that time I had long hair in a pony tail and was concerned about the part of the code that referred to no hair longer than the shirt collar and NO pony tails. I asked if my hair would be a problem and the manager that hired me said no and explained that several employees in the organization had hair like mine. We now have a new district manager and he is enforcing the dress code to the letter. I have been with this company for 2 years, any suggestions besides “find another job or cut your hair”? What do you think about the religion angle?
: Facts About Religious Discrimination Title VII of the Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. The Act also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an undue hardship upon the employer (see also 29 CFR l605). Flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers are examples of accommodating an employee's religious beliefs.
: Employers cannot schedule examinations or other selection activities in conflict with a current or prospective employee's religious needs, inquire about an applicant's future availability at certain times, ***maintain a restrictive dress code***, or refuse to allow observance of a Sabbath or religious holiday, unless the employer can prove that not doing so would cause an undue hardship.
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OK I'm not a lawyer but I find this sort of stuff interesting and I'd like to help in any small way that I can, if OK with you of course ?
The reason is I’d be interested to know any USA legal thoughts etc. here on all of this, as we've just got a new Bill over here in the UK that came into force on 2nd October 2000 called "The Human Rights Act" that potentially and hopefully (!) will deal with these very same work/ employer/ dress codes problems. It’s still only potentially at this stage because at the moment it only covers public bodies. It comes under Article 10 "Freedom of Expression" – (click on the next URL, halfway down second item) though it's only a very short outline by a BBC reviewer. Nevertheless as assorted new USA and European legislation have sometimes crossed the pond both ways in the past perhaps this one might also do the same one day ?
http://www.bbc.co.uk/education/work/life/humanrights.shtml
You might then find these next two detailed USA sources of some use, even contacting the second professor on the religious angles perhaps ?
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=425&invol=238
http://www.marcihamilton.com/rlpa/need.html
I would have thought though that if you've already been there 2 years top management would by now be well aware of you and your other colleague’s long hair issues via all the former manager’s reports he must have filed back to them ? Any chance of getting together with any other long hairs still left and talking directly to them first as you ought to have an automatic right of complaint access ?
Otherwise for what it's worth and assuming there’s no vast differences between the two country’s fundamental principles, unfortunately I don't think you could really argue that at the time you were hired/ accepted, the former manager’s decision by itself formed any possible binding contract between you and your firm, because from the sound of it the firm’s rule was already in place before you joined and by signing you became aware of that. On the other (very extreme !) hand to consider the crusading option(s) of deliberately getting them to fire you and thereby risking the firm in prolonged expensive legal, bad PR etc. consequences might be too drastic a step....lol :-)? By the way what sort of work does your company carry out and how long was your hair when you joined and how long is it now ?
Be interested to know how you get on ? Best of luck whatever you decide !! :-)
Re: Hair discrimination
Posted by Jake on February 19, 2002 at 11:24:15: Previous Next
In Reply to: Hair discrimination posted by Bill on February 16, 2002 at 22:45:07:
My opinion is if a company allows women to wear their hair in a longer style then they should allow the same rules for Men.
if they want the Men to have short hair then the women should have to have their hair cut short too and not just a 'bob' fashion, but the nice short regulation haircuts that they force Men to get.
hair codes for Men are asinine and there should be a law here in The U.S that prevents the discrimination based on hair length of males.
it's time to end the double standard and stand up for our rights.
it's unconstitutional and people should have the rights to be themselves.
could you imagine some pinhead telling Buffalo Bill, or Wyatt Earp to get a short haircut?
: When I was hired I had to sign an employee dress code agreement. At that time I had long hair in a pony tail and was concerned about the part of the code that referred to no hair longer than the shirt collar and NO pony tails. I asked if my hair would be a problem and the manager that hired me said no and explained that several employees in the organization had hair like mine. We now have a new district manager and he is enforcing the dress code to the letter. I have been with this company for 2 years, any suggestions besides “find another job or cut your hair”? What do you think about the religion angle?
: Facts About Religious Discrimination Title VII of the Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. The Act also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an undue hardship upon the employer (see also 29 CFR l605). Flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers are examples of accommodating an employee's religious beliefs.
: Employers cannot schedule examinations or other selection activities in conflict with a current or prospective employee's religious needs, inquire about an applicant's future availability at certain times, ***maintain a restrictive dress code***, or refuse to allow observance of a Sabbath or religious holiday, unless the employer can prove that not doing so would cause an undue hardship.