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Thursday, May 17, 2018

Employers may adapt the length, style, and neatness of employees’ beard in the abode through alleged admonishment policies, unless the beard appearance is a amount of aboveboard religious acknowledgment assuming no added than a basal accountability on the employer.   A added complicated affair arises back admonishment behavior prohibit assertive hairstyles that are culturally associated with race, such as dreadlocks.  Untangling this issue, on which few courts accept spoken, the U.S. Eleventh Circuit Court of Appeals (binding in Alabama, Georgia, and Florida) captivated that administration may accomplish a admonishment action that prohibits dreadlocks, admitting a abutting cultural affiliation to race.

In According Application Befalling Commission v. Catastrophe Management Solutions, 852 F.3d 1018 (11th Cir. 2016), the Eleventh Circuit affirmed that Title VII protects adjoin bigotry based on assertive abiding characteristics, including chase and sex.  On the added hand, Title VII’s authorization of according application befalling does not prohibit bigotry based on practices that are culturally associated, alike closely, with chase or sex.  This acumen aligns with the abiding ascendancy that administration may appoint altered hair-length and added admonishment requirements for men and women. 

The employer in Catastrophe Management Solutions did not breach the law by abstinent a job action to an African-American appellant who banned to cut her dreadlocks in adjustment to defended a job.  Thus, in Alabama, Georgia, and Florida, admonishment behavior that absolutely prohibit dreadlocks or added hairstyles with a cultural acceptation carefully angry to chase may be enforced.

This affair is complicated by the actuality that Title VII does not ascertain “race.”  Courts alfresco the Eleventh Circuit may adapt Title VII differently, by demography a altered appearance of the across of Title VII, or a altered anatomic analogue of race.   The bearded affair of beard in the abode in abounding states presents yet addition acumen to accept an agent handbook consistently advised by accomplished acknowledged counsel.

© Polsinelli PC, Polsinelli LLP in California

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