It’s now legal to refuse to hire someone based on the fact that they wear dreadlocks, according to the 11th U.S. Circuit Court of Appeals.
The court recently dismissed a suit brought by the Equal Employment Opportunity Commission on behalf of Chastity Jones, a black applicant whose job offer was rescinded after she refused to cut off her dreadlocks in accordance with Mobile, Ala.-based Catastrophe Management Solutions’ “race-neutral” grooming policy.
Background on the Ruling
The EEOC argued that rescinding Jones’ offer based on her hairstyle was a violation of the Civil Rights Act of 1964’s Title VII, which prohibits employment discrimination based on race, color, religion, sex, and national origin. According to court documents, the EEOC laid out its argument as follows:
First, the EEOC stated that race “is a social construct and has no biological definition.” Second, the EEOC asserted that “the concept of race is not limited to or defined by immutable physical characteristics.” Third, according to the EEOC Compliance Manual, the “concept of race encompasses cultural characteristics related to race or ethnicity,” including “grooming Practices.” Fourth, although some non-black persons “have a hair texture that would allow the hair to lock, dreadlocks are nonetheless a racial characteristic, just as skin color is a racial characteristic.”
The court disagreed, finding that hairstyles, even if “culturally associated with race,” are not “immutable physical characteristics.”
Why Your Employer Shouldn’t Ban “Culturally Associated” Hairstyles
When it comes to rulings like this, “legal” and “right” are two very different things. Make no mistake: if your employer has a grooming policy that prohibits dreadlocks (or cornrows, twists, or other hairstyles associated with black culture), they’re perpetuating bias against African-Americans in the workplace.
Take, for example, the statement from Catastrophe Management Solution’s Human Resources Manager Jeannie Wilson about why she couldn’t hire Jones with dreadlocks: “they tend to get messy, although I’m not saying yours are, but you know what I’m talking about.”
Yes, everyone knows what you’re talking about. That’s the problem.
Bias against natural hairstyles for black women runs deep, and not just in Corporate America. A 2013 article in Ebony describes women with natural hair experiencing discrimination in all walks of professional life, from academia to park services. Even students are not immune: some schools still forbid students from wearing dreadlocks, cornrows, or other hairstyles associated black culture.
The problem with allowing bias to dictate policy is clear: it places an undue burden on black women, forcing them to endure costly treatments in order to adhere to a grooming code, while perpetuating stereotypes that characterize African-Americans as “messier” and therefore less professional than other races.
It also bolsters the perception that whiteness is “normal” and preferable. That’s bad for individual employees of all races, bad for corporate culture, and bad for society. Regardless of what courts determine, if you’re a decision-maker at your company, you should support a grooming policy that’s inclusive, not divisive and discriminatory.
Tell Us What You Think
Have you ever been asked to change your hairstyle to adhere to grooming codes? We want to hear from you. Join the conversation on Twitter or leave a comment.
I’ve seen several caucasians with dreadlocks…racist? Due to the type of job I have I can’t have my hair long or wear my pierced earring. I’m male, so is that gender-biased that I can’t wear an earring or have long hair while females can? There are so many jobs that have dress codes, including those that require restrictions on hair-style, clothes, facial hair…etc. Just another race-baiter trying to stir something up, it appears!
I’ve worked in places where facial hair was not allowed. One was an petro-chem plant wear wearing a gas mask was a real possibility and a good seal to the face was necessary. In other words it was a business necessity. The other was employer simply did not want beards. I know employers demand that long hair be pulled back and tied up. Other will not hire someone with a visible tattoo. I support the employer’s right define and enforce… Read more »
Nice clickbait title. Dreadlocks are not specific to any race but thanks for stirring the pot.
I don’t really see it as racist (I am black) because all races are starting to wear them, but it is going to force amazing workers to either cut them or quit their position. I don’t think a hairstyle should have such power over work and making money; just as long as they look maintained. I don’t know who the uppity people are that have an issue with the hairstyle, but they need to get a grip. Does that mean… Read more »
As a Black Woman and an HR professional I am appalled by the courts decision and the HR persons response which was clearly biased. No question about it. The result of this ruling will have a disparate impact on Black Men and Women, period.
I recently have decided to wear locs. It wasn’t to make a statement but because I was tired of my hair coming out from perms and the other chemicals that was effecting my health. I also tried weaves for a long time trying to look like someone I wasn’t. I finally embraced my hair with locs and it is flourishing and growing and it’s healthy and clean. I wash my hair twice a week and it is clean and well… Read more »
I am a Black female and I do not see the ruling as racist because it is prohibiting a style, not her natural hair. Please define the difference between NATURAL and LOCS. No one’s hair grows into locs, not even African/Black hair. One must manipulate the hair so that it will “lock” onto itself. Or, just stop combing it so that it becomes matted. Because of its coarse texture, African /Black hair is the easiest type of hair to do… Read more »
Dreadlocks are literally unkempt hair, not indicative of or exclusive to any subset of the human population. They are often perceived as unprofessional, because they are UNKEMPT. Furthermore, they may be hazardous in certain environments, just as overly loose clothing, hanging jewelry, etc., may be prohibited for safety reasons. OSHA, NASP, BCSP, etc., are all in agreement on this, and recommend that employers use judgment to allow or prohibit certain attire or hairstyles in accordance with the nature of their… Read more »
I don’t like it and I hope it gets appealed. Dreadlocks are not a hairstyle that one can cut off, and readily go back to once a person is no longer working there. I’ve had my dreadlocks for about 2 years and it is still not long enough to put in a ponytail yet.
The race-baiting knows no bounds. Not wearing dreadlocks in certain work environments is no different than a previous manager of mine asking me to shave my beard because he felt that people with beards were less trustworthy. Being that I worked in face-to-face sells, his point was well received. It is also no different than having someone covered in tattoos and facial piercings working in direct patient contact. You cannot complain about how people judge if you are the cause… Read more »
I am a white woman who is outraged that companies can legally refuse employment or terminate a worker because of a hairstyle., regardless of their race. Jewish men wear locs…are they not protected based on their religious requirement for their hairstyle? Non-black folks love locks and rolls as well. I digress…Company policies should not go beyond requiring proper hygiene and grooming protocols. If there is an issue then HR should call that person in for a sit down explanation of… Read more »
This is just racist and I think all the arguments made by EEOC should have been enough to prove it.
There should not be any dicrimination regarding hair stile, rather restrict all employees on the length of hair and still respect the entity of every human. If the employer feels or is of the opinion that the hairstile in question is messy, rather then impliment a rule of covering all visable hair of all employees- taking in consideration – management also falls in the same bracket. Remember to include all employees under the same umbrella
This case is an example of when extensive consultation with people of color was and is necessary. For the record, dreadlocks is a derogatory term. It is as racist as “n****r” or “k****r”. The correct term is simply “locs”. With the exception of Asians (epicanthic folds of the eyes), Africans and their descendants are the only race of people who have a characteristic that no other race has…. coarse hair. People of color should not have to expose themselves or… Read more »
It depends on the job! Are whites allowed long matted hair. Btw I have a buzz cut for others safety and comfort.