I am approaching the beginning of a new job (teaching) in a new system, and anticipating the day when a colleague or administrator may question me about my hair (though it was in various stages of the awkward stage during interviews). Some of them have now seen me in a ponytail, which is how I will wear it to work. It is very neat that way and leaves little room for offense. I have in mind what I can hear myself saying when questioned, and I will post that below, but here is a question that I have considered, which ultimately becomes a legal matter.
My hair is a part of my body. Which American would agree to give government or agency or private employer the right to make decisions about a part of their body? Employer insurance companies come close with their very narrow view on appropriate health care, but still, they do not force a decision on the employee.
Bill, since you have a good handle on the law around these issues, is there no ground for hair being a part of the body, and the body being a matter of personal and private right to choose? Is there precedence identifying the hair as NOT a part of the body? It seems women have made significant ground on questions like this, but not men. Just curious.
What I am prepared to say to my new employers is that I am a good teacher. The length of my hair is not a qualification or disqualification for being a good teacher. My hair will always be clean and neat. My hair will never be an issue (and I mean this in two ways--because it will be neat and clean, it will not be an issue, and because it is a part of my body, it will not be an issue for discussion). I can deliver these lines without anger and without sounding like a threat to the questioner. BTW, before I ever applied to this system, I got a copy of their employee handbook. There is nothing in print about hair or even professional attire for that matter.
I am already contracted for the first year. I have to remain contracted a year at a time for three years to gain tenure. I expect to be able to show them that I am a good teacher this year, and I expect (from past experience) that the kids I teach and their parents will like me, even if my hair rattles some cages. We will see. I could be wrong, in which case, I have a year to makes plans for future employment.
Robert
Hi Robert,
The legal answer is that there is little in black and white in place in the way of protections for longhairs. Despite an obviousness to the contrary, courts have issued opinions saying it is not sex discrimination to let women have long hair and not men. Courts don't follow the letter of the law, they decide what they feel like, particularly when they don't feel they will be called on the carpet for it, and longhairs are not politically numerous enough, nor do we have allies enough, to be a threat.
That is the general answer, but there may be exceptions. Union contracts, civil service rules, etc., may intrude, and in your favor. Also, there are now considerable rulings that say public schools may not discriminate against male students with long hair. This is not based on the rights of a private employer to have his employees look like he wants, but on the right of all Americans to attend a public school. See how contrary goals can clash, and how courts may deal differently with them?
As a public employee, you may have more rights than a private employee, because citizens have the right to be treated equally by the government. Yet, anti-longhair rules have been upheld against male police officers. A teacher may be regarded as having more freedom. It would be unusual for a public university professor to be hassled about long hair, for example.
Because hair is part of your body, in some cases repeated comments about it may constitute sexual harassment. This avenue has not been explored in the courts by longhairs, but this is a new area of legal wrangling, and the definitions of harassment are still very much open for refinement.
You mentioned their not having any dress code. All social settings have a dress code. Even at the beach you can't go nude in most places. When there's not a written code, there's a "reasonable" code implied.
It is nice to be able to give someone a yes or no answer, but the law in this area is in a state of flux, and I just cannot. Instead, I've listed what the issues are, to help you in your dance around them. Try to conform to the "ordinary teacher look" in as many ways as you can, and be polite but firm about your identity. People are far less apt to attack a man with self-confidence and conviction. Sheepishly look over your shoulder all the time, and predators will pounce on you in droves. Convey the firm and strong message that you don't take BS from anybody, and abusers will mostly shy away.
Mention that students need diverse role models and you're a good one, if that helps.
Unless you run into an absolute bigot, you will probably do okay. Face it, good employees are hard to find. This is particularly so in the teaching field.
If you encounter a bigot, all you can do is work around him if there are avenues for that. We're talking politics more than legal maneuvers in that case, but be prepared to play all angles, including the political.
Good luck!
Bill
I appreciate your response. It is helpful. A couple of response to you in the text below.
It is not that they do not have a dress code-just that for teachers and students alike there is no specific part of the code that addresses hair. I am well aware that there is always a dress code. Even now when I am out, depending on where and in what part of town, I get the mostly non-verbal feed back about what the "code" is.
I couldn't agree more with this. I find it a generally good principle to follow on any issue. My teaching style is rather alternative to the traditional school stuff that happens, and I have been able to "get away with it" in large part because, at the front end, I am resolute and passionate about what I am doing. My own confidence in what I am doing will send an insecure administrator or colleague away to leave me alone. In the end, if what I am doing works, it sells itself.
Good point--hadn't thought of this one.
My experiences thus far are that the indidivuals I have interviewed with and had converation with are decent, easy-going people. I do not know what their superiors are like, so that is the unknown here. Thanks for your response. Very helpful.
Robert
That is even better than there not being a written code at all, because they've addressed the issue and chosen not to regulate hair. Their written code evidence "in writing" to that effect.
You bet. That's why we're all here. :-)
Bill
Bill, are you a Longhaird Lawyer?
I actualy saw longhair on a PROSECUTER not long ago! I know alot of ACLU attorneys have LH, but I never saw a Solictor with it untill last month!
I practiced for three years but there were way too many things about it that just weren't right for me. I've been an engineer since.
B
I think it's absolutely ludicrous that you should even have to be concerned with this issue. If your hair is always clean and neat, why should anyone care how long it is? Believe it or not, I know of guys who were forced to grow some hair after shaving their heads. People who care about the length of someone elses hair just seem to want to make everyone fit the image that is preconceived by the public majority. Not everyone is like this, thank God! But those who are and who also happen to be in a position of authority make life more difficult for everyone else!
End of rant! Good luck, by the way.
It is ludicrous. But then, I am ludicrous. Part of growing my hair out, at 41, is acknowledging my Self to myself. I've grown up, like most people here, in a culture that, while priding itself in independence and freedom, cultivates just the opposite in its members. We teach children from early on that they must measure up to our expectations, and we embody those expectations in religion, in law, in dress codes (official and unofficial), in language and choice of words, in "fashion" , etc. So, I have to start by looking at how I have participated in this ludicrous game, and piece by piece, choose to stop playing--and start being. Long hair, somehow, allows you to feel some of that.
"Those which govern least govern best."
"THE END [GOAL] OF ALL GOOD GOVERNMENT IS THE HAPPINESS OF THE PEOPLE"
(which wouldn't exactly be the case if government wants to emphasize PUNISHING its people!)