Can an employer hire and fire based on hairstyle?

Question

In the last three days two of my friends have told me different stories where they have met with some form of job descrimination related to their hair.

In the first case, a girlfriend of mine was told flat out by Walmart that they would not hire her because of her two-tone (red and black) highlights. The woman interviewing her considered her hair too bizarre and I have just helped my friend dye her hair b-o-r-i-n-g brown, just to try and help her get a job.

In the other case, a boyfriend of mine who's hair is sort of in between collar and shoulder length was told that he had to start wearing his hair "secured" either with a French braid or tucked under (pinned up) ponytail or bun, just so that he could keep his job as a waiter. He has been working there six months and never had a problem with the old management, but someone new is running it now and doesn't like loose hair including ponytails below collar length.

How much say does an employer have?

Amanda

I just wanted to clarify... the guy did have to wear his hair in a ponytail before and that wasn't a problem for him either and seemed sensible. But now, him and any other girl that has longer hair has to pin it up or FB it... just seemed like over-kill compared with when I go to many other restaurants.

Answer 1

Well, in the case of food service, like the waiter, they are correct. I wouldn't want someone with really long hair around my food, because it may fall into it. Thast is a health issue that it must be tied up.

On the other case, it is a case of personal preference. Once you enter the workforce, you must confirm to the acceptable standards of your employer. Remember, people that are in positions to hire/fire are generally not in the same generation as the people they are hiring/firing, therefore, their acceptable standards are different. If you want the job, it is your responsibility to meet their standards, not their's to meet yours.

I came across a similar problem when i was job-hunting. I have braids, and while my experiences and qualifications are excellent, I could not get past the first interview with braids. Once I took my braids out, I had a job within a month. Concidence? I dont know, and there is no way to find out. I was on my job for a year before I put my braids back in. That way I was well past my probationary period, and my work record speaks for itself.

Answer 2

Well it's their call right? For the guy who is a waiter, I'm asuming girls working at that restaurant also have to keep their hair tied back, so as to make sure hair doesn't get in the food? Maybe the old management really didn't see this as an issue.

As for Walmart - that sounds a little extreme just because of highlights, but if you went to try to get a job with a mohawk I'm sure you'd have some difficulty because that hair style can be seen as making a person 'unaproachable', or a little 'scary' I suppose?

I'd say try to follow their rules, but in the case of highlights, I think that's a little over the top....

Answer 3

It depends on the job and the work environment. Obviously, when serving food, an employer has health/safety regulations that include securing the hair so that it doesn't get into the food or caught in a blender. In other environments, it could be sort of an unwritten rule that an employer can make judgments about the person based on their hair. Remember, that sort of discrimination does not equate to discrimination based on race, sex, ethnicity, etc. which in most case are protected by federal law.

In the corporate world, long hair, dreadlocks, braids, crazy colors, etc. are not advised. You are putting forth an image to your client base and employers would rather not lose money on account of the girl with the purple hair.

Now, in a more informal environment where creativity is the selling point, these standards are more relaxed...and mohawks, twists, and unnatural hair colors are welcome.

Basically, it is not illegal to discriminate based on hair style, unless it is tied to race, disability or some other protected class.

Answer 4

The employer usually has a handbook of appropriate clothing styles, uniform requirements, hairstyles, etc.. This is very similar to private schools. Because your friends wasn't hired, the company presumed that your friend wouldn't be willing to conform to a "plain jane" hair color/style. Your boyfriend, who already held the job, could have just been lucky for having a boss that didn't care about the "rule of the establishment." However, "new management" didn't approve.

The employer basically can tell the employees to change things that can be changed reasonably. Meaning that hair color, length, style can be changed easily. Same with clothing or facial hair or piercings or visable tatooes (must be covered). It's not discrimination, on the basis that it can and must be changed, in accordance to the employers general guidelines. Sorry.

Answer 5

Many states are at-will states.
Employers may fire you without providing a reason.

I have been told in a job interview that I must be willing to shave my beard and mustache, as a condition of my employment. All men are required to be clean shaven.

I have a friend that worked in a law firm as a secretary and she wore a gray business suit to work one day, and had put on gray nail polish to match her suit. She was fired because the firm does not allow employees to wear nail polish other than clear.

A Supreme Court ruling in the early 90's says that employers have the right to dictate
how they dress
what to wear (uniforms)
what they say to people
how they say it or pronounce it
what they read

This is because the employee is being paid for their time and so the employer has the right to mold that person any way they see fit.

Answer 6

If you are in the USA, an employer can hire or not hire anyone they want to! If your friend thinks that making her hair two-tone is a "good move" in trying to get a job, she may not be all that bright!

While fun hair and fun fashion are good ways to enhance a good time, they are a lousy way to enhance your chances of making good money. It may not be "right" or "fair", but that's the way it is.

WalMart want to hire people that won't offend any of their customers, and while it might be stupid to be offended by "unusual" hair, many people are. No business wants to discourage potential customers. Customers are where the money comes from to pay wages and make profits!

You would do well to remember that businesses are owned by people. And smart people do whatever they believe will legally make them the most money in any business.

Why don't your boyfriend & girlfriend start their own business?
It's not rocket science, it's just hard work finding the right people!

Best wishes!

Answer 7

About the guy, many cities have health rules abourt hair. If he had short hair 6 mos. ago it probably needs to be pinned according to the health dept.

As for Wal Mart, they probably have a dress code including unconventional hair colors. This would be a corporate rule and cant be broken.

Answer 8

Ok the boy with the girlie hair needs to wear it up or in a hairnet because of health code issues. Tell your other frined to get a job somewhere besides walmart.

Answer 9

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Answer 10

In the USA in all but a handful of states an employer can fire a person for any reason at all, or for no reason at all. It has been tested in court many times, so hair styles, grooming, if you drink, if you smoke, if they don't like they way you look..anything at all.