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Can workplace appearance standards mask racial discrimination?

On Behalf of | Oct 6, 2024 | Employment Law |

Employees should have equal opportunities under the law based on their abilities, experience and education. Factors like their race and age shouldn’t influence what jobs they can do or what pay they receive. The decision to consider protected characteristics when making employment decisions could constitute actionable discrimination.

Companies can discriminate against their workers in a variety of ways. Some businesses simply don’t hire workers who belong to certain religions or those who have visible disabilities. Others may hire workers from all backgrounds but may only extend advancement opportunities to those with certain characteristics.

Such discrimination is illegal and may lead to lawsuits. Sometimes, discrimination can be relatively subtle. Racial discrimination does not always involve a refusal to hire or promote people from a specific background. Instead, it might entail an employer enforcing policies that put certain workers at a disadvantage based on their race. Rules about appearance and grooming can sometimes lead to racial discrimination.

Shaving rules are unfair for some

A no-beard policy can be a form of racial discrimination. Factors including skin sensitivity and hair thickness can make shaving far more irritating and time-consuming for certain races as opposed to those of European descent.

Forcing male employees to maintain a clean-shaven face can lead to skin irritation and other secondary complications. Employers should not enforce policies that put an unfair burden on one group of employees based on factors outside of their control.

Hairstyle restrictions can also be discriminatory

For a long time, businesses were very restrictive about what constituted professional hairstyles. They generally demanded straightened hair, which may have forced unfair expenses and time-consuming salon or barber appointments on certain workers.

Other times, companies outright forbid employees from wearing protective hairstyles. Those with naturally curly or wavy hair may benefit from specific hairstyles that work with their natural hair texture. Companies that forbid specific hairstyles may unintentionally discriminate against workers from certain racial backgrounds.

Recognizing that grooming policies could be a form of workplace racial discrimination can help employees assert themselves. Filing a lawsuit could force a company to change its policies and could lead to compensation for workers denied opportunities or employment because of racially coded appearance standards.