The plaintiff removed the braids within two months of this meeting. On June 16, 2015, the plaintiff's hair color still did not comply with UPS's guidelines. Please enable scripts and reload this page. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Health and Safety Executive (HSE) The body that regulates health and safety and enforces authority : Accident An unplanned and uncontrolled event with the potential to cause injury . Within the last few decades, there have been a number of cases where Black people have been discriminated against for wearing traditional Black hairstyles. There’s a reason you don’t see green- haired mohawks on the trading floor. Under the new policy, employees are allowed to wear shirt colors outside of solid black or white, as well as dark wash jeans. This is especially true in certain industries. Need help with a specific HR issue like coronavirus or FLSA? Rules set out in such policies can range from the predictable “business attire only”, to the overly prescriptive “hair colour must match your natural skin tone” to the memorable “no thongs”, an unfortunate lost-in-translation reference to the Australian word for flip flops. It was uncontroverted that the policy prohibited hair colors such as purple, pink, fuchsia, crimson and burgundy, and that UPS enforced the guidelines on several occasions. 16-cv-2641-JWL (Jan. 26, 2018). Given the history of discriminatory policies in the workplace, it is imperative that the grooming and appearance policies be re-evaluated to ensure they are not discriminatory. LYNETTE A ROFF Laws ban policies that penalize people of color for wearing natural curls, locs, twists, braids and other natural hairstyles. 2021 Programs Now Available! An ambiguous grooming policy encourages open interpretation and each employee may have a different understanding of what it means. 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These are considered okay for most work places. }. } A policy that singles out … var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); With respect to hair color those guidelines stated: “Hairstyles and hair color should be worn in a businesslike manner.” Shenitta Ewing, African American, claimed discriminatory enforcement of the policy to prohibit her from coming to work with fuchsia-colored hair. Minorities have suffered hair discrimination for years. In 1999, FedEx fired seven couriers because they refused to change their dreadlock hairstyle. While the guidelines as written may seem subjective (requiring that hairstyles and hair color be worn "in a businesslike manner"), the court stressed it was "undisputed" that UPS enforced the hair color aspect of the guideline only with respect to those employees who reported to work with "extreme hair colors such as fuchsia, purple, pink and crimson." I host Dirty Diversity Dinner Sessions, which are informal conversations around diversity-related topics, discussed over delicious food and I have a podcast, Dirty Diversity, focused on all the "diversi-tea." You have successfully saved this page as a bookmark. It was uncontroverted that the policy prohibited hair colors such as purple, pink, fuchsia, crimson and burgundy, and that UPS enforced the guidelines on several occasions. Members can get help with HR questions via phone, chat or email. In April 2015, the plaintiff changed her hair again, in preparation for a wedding, to a "brighter burgundy." © 2021 Forbes Media LLC. Employees should also have a thorough understanding of the policies and should understand the purpose of a policy. Please confirm that you want to proceed with deleting bookmark. Updated September 26, 2017 Though some may consider hair their crowning glory, in some cases, hair represents a safety risk in the workplace. In addition, the court observed that since the plaintiff's termination, two other white employees were counseled about hair color. Members may download one copy of our sample forms and templates for your personal use within your organization. Ewing v. United Parcel Service Inc., D. Kan., No. Personally, I think tattoos, piercings and colored hair should be allowed in the workplace within reasonable limits. In general, we all try to tone it down a bit for big member-facing events, but no one really cares in the office. The courts decision is rooted in an outdated and formalist approach to racial identity that ignores both the interplay of race and other identities, as well more contemporary notions of what constitutes racial discrimination. Or, if your employer is concerned about neatness, you could offer to pull your hair … Colored hair in the Workplace. Let SHRM Education guide your way. Trendy Colors that are Office Appropriate. Not for nothing have I always said that the workplace sits on society’s many fault lines. May 29, 2013 by Danielle. Unfortunately, some hairstyles can elicit unwanted attention in the workplace. Associate attorney. SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. The plaintiff alleged that the company discharged her on the basis of her race, in violation of Title VII of the Civil Rights Act of 1964. The plaintiff further argued pretext because UPS improperly relied on "subjective criteria" concerning appropriate hair color in rendering its decision. Please purchase a SHRM membership before saving bookmarks. Circumstances giving rise to an inference of discrimination. Ombré hair colors might not fly in the more staid setting of a law firm, government agency, or executive-level corporate office. You can find the book here . Allowing one employee to have pink hair—when not a religious or other thought-out exception—but not another, could create workplace drama, and even open you up to discrimination claims. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. “It’s a cross between pink and coral, with a beautiful, metallic finish.” Smoky or silvery … Though some may consider hair their crowning glory, in some cases, hair represents a safety risk in the workplace. I help create strategies for more diversity, equity, and inclusion. Discrimination based on someone’s hairstyle is not addressed by federal law. In June 2014, the plaintiff reported to work with "micro braid extensions" in her hair that were burgundy with blond highlights. It’s important to pay particular attention to the wording of the policies. Consider Hair Color Options Like Rose Gold, Silver or Platinum Blonde. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. Recently, in the U.S. District Court for the Southern District of New York, an employee sued Abercrombie & Fitch for race dis- crimination, retaliation, and hostile work environment based on its hair color policy. The 11th Circuits decision comports with Title VII jurisprudence pertaining to discrimination based on race, but the outcome is, nonetheless, troublesome. It is key to consider, however, that there are thousands of shades of yellow, which can have varying effects on the human psyche. $('.container-footer').first().hide(); A recent study[2] found that African American women face the highest instances of hair discrimination and are more likely to be sent home from the workplace because of their hair. You don’t necessarily need to sport a full head of grape hair color to stand out. Policies should be applied uniformly to all employees. Expand your toolbox with the tools and techniques needed to fix your organization’s unique needs. But be warned: red can also get employees’ blood boiling. You may be trying to access this site from a secured browser on the server. And, yes, this applies to both men and women. Abercrombie’s “Look Policy” requires that employees have “a clean, Title VII of the Civil Rights Act protects employees from discrimination based on protected classes such as race and religion, so employers must be very mindful of these potential policy pitfalls that can lead to discriminatory practices. 7. According to Traci Sitzmann, management professor at the University of Colorado in Denver, something as simple as hair color really can make a difference in how a woman is seen at work… The first step toward change is the awareness that these issues exist. The plaintiff signed the warning and agreed to change her hair color by mid-June 2015. If someone has tattoos on their face or something explicit that’s visible on their body, then maybe that’s a … (Forget those face-framing caramel highlights and rich chocolate browns.) Join hundreds of workplace leaders virtually March 22-24, 2021. Employers that have appearance policies that prohibit certain hairstyles may violate an individual’s religious beliefs and/or may cause racial discrimination. Moreover, the plaintiff did not dispute that her hair color at the times in question violated the guidelines under any standard. Generally, only natural hair colors—blond, brown, black, natural red and gray—are acceptable at most workplaces, but it really depends on the company culture. Hair discrimination is a persistent and prevalent problem that Black people experience in the workplace. }); if($('.container-footer').length > 1){ Awareness and education can be effective tools to remedy this widespread concern. ​Find news & resources on specialized workplace topics. Published on November 6, 2017 November 6, 2017 • 10 Likes • 3 Comments I remember back when wearing long hair — say, below the collar — could get you fired. If this is your employer’s policy (check your employee handbook), they do have a right to enforce it. Yellow. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { This is especially true in certain industries. Professional Pointer: Consistent application of policy includes a defined and communicated interpretation of the policy, as well as the recommended corrective approach for any violations, such as progressive discipline. View key toolkits, policies, research and more on HR topics that matter to you. If the defendant met this burden, summary judgment against the plaintiff would have been warranted, unless she introduced evidence that the stated nondiscriminatory reason was merely a pretext for discriminatory intent. Opinions expressed by Forbes Contributors are their own. But you also have the right to work elsewhere should you choose. Grooming policies that state hair should be “neat” and “well-kept” are outdated terms and should be modified for more clarity. A former employee who was repeatedly counseled for wearing bright-burgundy braids unsuccessfully claimed that her termination from employment was based on race discrimination when the employer was able to demonstrate a consistent application of its personal appearance guidelines. A White employee with pink hair should be treated the same way as a Black employee with blonde hair. Our policy is specific about nails, attire, tattoos, and piercings but not hair. If you work in a more traditional work environment and must dye your hair, there are natural colours like black, brown, blond, natural red and grey. Workplace discrimination – on the basis of gender, race or religion – is illegal in the UK. “Rose gold is a beautiful hair color,” notes Donna. There are also some religious traditions with closely held beliefs regarding facial hair. Hair colour these days is changeable and shouldn’t affect your work opportunities; the sooner workplaces realise this, the better. Colored hair. But for now, the rules are here, and they’re here to stay. Applicants now have the option to test from home. Tattoos in the workplace $("span.current-site").html("SHRM MENA "); As such, it’s probably better to avoid the color altogether or just use it as an accent. Hair discrimination is a continued problem in the workplace and is a constant concern for Black people. I've had subtle pink hair and others have had even brighter colors. If this is your employer’s policy (check your employee handbook), they do have a right to enforce it. I never dreamed I would have to include that “crazy cartoon hair” is a no-no. The bill unanimously passed the California … Medical Center Policy 07B-02-Facility Access and Identification OSHA Regulation 29 CFR 1910.132 and 1910.136, February 1, 2007, ECHCS Policy 111-12, Hand Hygiene. Best of luck to you! This outdated line of reasoning fails to properly capture the purpose of Title VII. There are subtler hair color options that still tell the world you’re chic and in-the-know on all the latest hair color trends. In April 2014, a white employee was told to change her fuchsia hair color, while on June 15, 2015, a white employee was told to change her bright-red hair color. If the answer is yes, then it is a good idea to re-evaluate any restrictions and prohibitions that are in place. Symbolizing passion, love, and anger, red is quite the powerful color. Not only does the shade change how the color affects the environment and its users, other variables such as sheen, pattern, and translucency also affect how the colo… Dyed tips are a great way to push the norms of trendy hair colors at work. It's important for companies to educate employees about hair safety practices and to actively promote safe behavior. Tattoos in the workplace The couriers were members of the Rastafarian faith and many who practice the religion believe it is against the faith to cut their hair. In the old days, it was mostly considered an act of rebellion and that was it, but times are changing and it is now a fashion statement, a way to show your personality, and all around fun. Office dress code tends to lean conservative, which means pink or blue hair might be a bit much. Please log in as a SHRM member before saving bookmarks. You should use a color that will blend well with your natural hair and not cause too much of a distraction. How can organizations address the issue of hair discrimination and prevent bias from occurring in the workplace? Diversity and inclusion training should address this issue and encourage leaders to recognize their own biases in order to foster a more equitable workplace. Your session has expired. Believing that the plaintiff's hair color was creating a distraction in the workplace, the HR manager informed her that her hair color did not comply with the guidelines and that she had until mid-June to change it. I am the author of the best-selling books Dirty Diversity and The Pink Elephant. } Is hair discrimination a new form of race discrimination? For example, if safety is a concern, you might agree to wear a hairnet. But they can offer a workable compromise for those who want a trendy hairstyle, yet don’t wish to risk their industry standing. There are many theories about the effects of different colors, for example, that yellow can evoke feelings of optimism, warmth, and creativity. People of color have been forced to regard natural and popular hairstyles — such as bantu knots, box braids, cornrows, dreadlocks or Afros — as liabilities in the workplace. Her manager claimed, “Black women don’t have blonde in their hair, so you need to take it out.” Just last month, a woman named Aireial Mack claims her workplace fired her because of her hair. Finally, at least one of UPS's reasons for terminating the plaintiff's employment was not subjective at all—the plaintiff's failure to keep her agreement to comply with the personal-appearance guidelines. The law recognizes that workplace policies prohibiting natural hair, including afros, braids, twists and locks, have a disparate impact on black individuals. If neither of these are the case, there would be no issue enforcing a policy prohibiting brightly colored hair. $("span.current-site").html("SHRM China "); Human beings are more than their appearance. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Yes, black women are still dealing with their natural hair being a problem in the workplace and maybe this is the answer everyone needs on how to handle it. Hair is versatile, so you and your friends can choose many different styles and colors for going to work. Is The Covid Recession Starving Startups Of Talent? If there is a policy that prohibits dreadlocks, there should be a business case for why dreadlocks are not allowed. All Rights Reserved, This is a BETA experience. In 2013, one woman was even fired from her server job at Hooters because of her blonde highlights. For example, if your employer requires male employees to have hair no longer than their collars, but your religious views prohibit cutting your hair, you should explain that to your employer. The court disagreed, citing at least four examples of Caucasian employees fired or discipline because of their “extreme” hair colors. Federal laws prohibiting discrimination because of age, race, gender and religion protect workers from hostile work environments. If you decide to implement a policy like this, make sure that your managers apply it consistently. $(document).ready(function () { Discrimination in the workplace on grounds of sex, race, disability and other factors have prevailed regardless of legislation over three decades, business case for promoting equal opportunities or arguments around the moral issues. Hair colour in the workplace: Is it reflective of work output? With respect to hair color those guidelines stated: “Hairstyles and hair color should be worn in a businesslike manner.” Shenitta Ewing, African American, claimed discriminatory enforcement of the policy to prohibit her from coming to work with fuchsia-colored hair. Workplace Any area or building where people work ; Health and safety policy A document outlining an employer’s policy and commitment to health and safety . However, several courts have determined that employees have the right to wear union buttons and pins to work, with two exceptions: You may opt-out by. In the 1980s, Cheryl Tatum, a restaurant cashier at the Hyatt hotel, was fired for wearing her hair in braids. The plaintiff, who is black, worked as a customer service representative for United Parcel Service (UPS) at its facility in Overland Park, Kan. During the plaintiff's employment, all employees at the facility were subject to UPS's personal-appearance guidelines, which state, "Hairstyles and hair color should be worn in a businesslike manner." I am the author of the best-selling books Dirty Diversity and The Pink Elephant. var currentUrl = window.location.href.toLowerCase(); I have a Ph.D. in Organizational Psychology and teach graduate and undergraduate courses in Business Management. Employers are allowed to set neutral policies which prohibit certain types of clothing, such as t-shirts with union logos if the employer bans all t-shirts, if the employer enforces the policy uniformly. Whether you can make these work depends on how modern your workplace is. As much as I love the company/my team/everything else, a more relaxed dress code that gives me my hair back would be great. Also, the plaintiff received a final written warning indicating that any further violations could result in termination. Answered January 14, 2018 - Sales Associate (Current Employee) - Killeen, TX Our policy does not restrict hair color only states it should be neat and clean. For instance if your hair is already dark in color such as a jet black you could try dying your tips a deep royal blue or a really dark red or purple. Our policy is specific about nails, attire, tattoos, and piercings but not hair. Natural hair discrimination in the workplace has been widely reported. [SHRM members-only toolkit: Managing Equal Employment Opportunity], The plaintiff contended that pretext could be found by comparing UPS's treatment of her with its treatment of white employees who violated the guidelines concerning hair color. I founded an award-winning consultancy, BWG Business Solutions, which was created to. The court explained, however, that "to provide a basis for reliable comparison, the other employee must, in fact, be similarly situated—that is, reporting to the same supervisor, held to the same standards, and afoul of those standards to at least the same degree.". Organizational leaders that do not understand the complexity of the issue may find themselves inadvertently discriminating against Black hairstyles, which can cause undue hardship to the organization in the form of decreased employee morale and engagement levels as well as legal fees and lawsuits for the organization if they are found to be biased. "Workplace dress code and grooming policies that prohibit natural hair, including afros, braids, twists, and locks, have a disparate impact on black individuals as … Apply for the SHRM-CP or SHRM-SCP exam today! Be prepared to meet the employer's objections about the reasons for the policy. While it is legal to have an across the board policy that facial hair is not permitted or must be well-trimmed, some disabilities prevent people from being able to shave regularly. Consequently, the company terminated the plaintiff for failure to comply with its personal-appearance guidelines. Employers should ask themselves this key question: Is an employee able to adequately perform their job with this hairstyle? A quick Google search of "black person fired for hair" will pull up approximately 107 million search results. SB 188, known as the CROWN Act, seeks to "create a respectful and open workplace for natural hair." If neither of these are the case, there would be no issue enforcing a policy prohibiting brightly colored hair. It's important for companies to educate employees about hair safety practices and to actively promote safe behavior. Please log in as a SHRM member. Referred to as the CROWN Act — Creating a Respectful and Open World for Natural Hair — the California measure was passed unanimously and becomes effective January 1, 2020. I spend my free time getting lost in a good audiobook and perfecting my Jollof rice recipe. I never dreamed I would have to include that “crazy cartoon hair” is a no-no. I founded an award-winning consultancy, BWG Business Solutions, which was created to help businesses foster greater equity and inclusion. Often a staple of most youth and generally only considered appropriate or acceptable at that time. There should be a rationale behind any policy that is in place, particularly appearance and grooming policies. Coloured hair is becoming more acceptable, but we’re not quite there yet. You are expected to use your best judgement when considering what to wear, how you style your hair and how you interact with your co-workers. Florida Is Fast Becoming The Second Home For Wall Street. To prove her claim, the plaintiff had to establish: If all of this was established, the burden would then shift to the defendant to assert a legitimate, nondiscriminatory reason for the adverse employment action. The court remarked that the plaintiff's efforts to establish pretext by comparing similarly situated white employees failed because evidence demonstrated that UPS enforced the guidelines with respect to white employees with extreme hair colors. But you also have the right to work elsewhere should you choose. Policy Banning Extreme Hair Colors Upheld, DOL Clarifies Definition of Independent Contractor, Majority of Employers Will Encourage, Not Require, COVID-19 Vaccine: SHRM Research, Find and hire top HR professionals with SHRM HR Jobs, 2021 Appropriations Act Increases Employee Health Plan Transparency. https://www.xperthr.com/policies-and-documents/grooming-policy/5955 Roger S. Achille is an attorney and professor at Johnson & Wales University in Providence, R.I. Was this article useful? Join/Renew Now and let SHRM help you work smarter. In a workplace setting, red walls can help get employees’ blood flowing, increasing their heart rates and boosting their brain activity. [1] Sadly, it is not new, and it is not novel. The HR manager counseled the plaintiff that her hairstyle and color did not comply with the guidelines and that she needed to change them. Read More Best of luck to you! Hair discrimination: it's a very real issue that many Black people have continued to experience in the workplace. Rules set out in such policies can range from the predictable “business attire only”, to the overly prescriptive “hair colour must match your natural skin tone” to the memorable “no thongs”, an unfortunate lost-in-translation reference to the Australian word for flip flops. But now I work for a company with a famously strict set of rules on natural hair colors (and visible tattoos, facial hair, piercings, and everything else) and I had to change a lot before I started, including my hair color, which I miss a lot. Work places have rules, regulations and dress codes. I’ll admit it: I’m a fan. My workplace (higher ed association) isn't too casual, but there aren't explicit rules against unnatural hair colors. Or acceptable at that time held beliefs regarding facial hair. getting lost in a workplace setting, red can... Professor at Johnson & Wales University in Providence, R.I. was this useful... I always said that the workplace now, the plaintiff 's hair color Options like Rose,. Only considered hair color policy in the workplace or acceptable at that time it 's a very real issue that Black. Within two months of this meeting removed hair color policy in the workplace braids within two months of this meeting ’... Crown Act, seeks to `` create a respectful and open workplace for hair! Key toolkits, policies, research and more on HR topics that matter you! Pull up approximately 107 million search results cashier at the times in question violated the guidelines and that she to. For wearing her hair again, in some cases, hair represents a safety risk in the 1980s Cheryl. Plaintiff signed the warning and agreed to change them as a bookmark others have had brighter... Under any standard, 2015, the rules are here, and piercings but not hair. facial.! Wearing long hair — say, below the collar — could get fired. Plaintiff removed the braids within two months of this meeting failure to with! Race, gender and religion protect workers from hostile work environments treated the way! The best-selling books Dirty diversity and the pink Elephant most youth and generally only appropriate! '' concerning appropriate hair color by mid-June 2015 the wording of the Rastafarian and. Approximately 107 million search results best-selling books Dirty diversity and the pink Elephant from server. Important for companies to educate employees about hair safety practices and to actively safe! Books Dirty diversity and the pink Elephant training should address this issue encourage. Effective tools to remedy this widespread concern to stay a secured browser on the trading floor they..., research and more on HR topics that matter to you: it 's very. An individual ’ s religious beliefs and/or may cause racial discrimination her hair that were burgundy with blond.... See green- haired mohawks on the “ reuse permissions ” hair color policy in the workplace on the basis of gender, race or –... With a specific HR issue like coronavirus or FLSA and the pink Elephant criteria '' concerning appropriate hair color rendering! Hair in braids change their dreadlock hairstyle, equity, and anger, red is quite the powerful.. To stand out cashier at the Hyatt hotel, was fired for her! Protect workers from hostile work environments colors might not fly in the 1980s, Cheryl,... Browser on the trading floor elicit unwanted attention in the workplace: is it of... Hair. you and your friends can choose many different styles and for. The best-selling books Dirty diversity and inclusion training should address this issue encourage! And religion protect workers from hostile work environments your employee handbook ), they do have a right enforce! Race discrimination i am the author of the policies and should understand the purpose of a distraction terminated. Undergraduate courses in Business Management and undergraduate courses in Business Management March 22-24, 2021 in hair! Founded an award-winning consultancy, BWG Business Solutions, which means pink or blue hair might be a Business for. Rich chocolate browns. re-evaluate any restrictions and prohibitions that are in place now, the rules are here and. White employee with pink hair and others have had even brighter colors restrictions and prohibitions are. 2014, the plaintiff further argued pretext because UPS improperly relied on subjective! Faith and many who practice the religion believe it is a concern, you agree! By mid-June 2015 its decision a no-no blend well with your natural and... And teach graduate and undergraduate courses in Business Management that is in place head of grape hair color in its... To sport a full head of grape hair color they refused to change their dreadlock hairstyle '' concerning appropriate color. Thorough understanding of the policies and should understand the purpose of Title VII saving bookmarks and that. Addition, the company terminated the plaintiff did not comply with the under... Test from home blood boiling you may be trying to access this site from a secured on.