new thread
I want to apply for a job (server in a restaurant)that I totally meet the requirements of, but their "policy" is that male servers wear short hair.
Is this legal? Can they deny me just because of my hair length?
If females who work there can tie their hair back, then why can't I?
If I am denied a job, simply because of my hair, do I have any legal recourse?
Any insights or knowledge in this arena would be most appreciated.
This is an international board. Law varies from country to country - and you haven't said which one you live in.
But from what I've read about previous cases, in most countries, employers generally have the right to insist that their staff meet their standards of appearance - and the rules about different makeup, dress and hair for different genders are NOT regarded as sex discrimination.
Damon
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the legality is one thing, the free choice of his employees is another
and there is also the home law of the establishement
it is very difficult to go in court
Unfortunately you have no legal recourse. There are specific laws that state reason that an employer cannot deny you employment, however, anything outside of those laws is grounds for denial, hair length is not protected as neither are tattoos, piercings, etc. There are many jobs that don't mind long hair on men though, keep looking, good luck on the job hunt.
Take care,
Seminole
What country?
There are some very informative sites on this subject linked to from this forum. This site is one of the best and helpful I have seen:
http://www.choisser.com/longhair/
http://www.choisser.com/longhair/four.html
http://www.choisser.com/longhair/resources.html
Choose your occupation carefully. In many situations, it can suffice to tie your hair up in a ponytail and for it to have a smooth groomed look. Try being self-employed and a little more on the "artistic" side.
You might find in catering that they have a concern for hygiene. Observe what they require of women. Perhaps they just require them to tie it up.
Just keep looking around until you find an employer with whom you can discuss and negotiate. Don't cut your hair for a job! There are always other jobs around.
Good luck,
Anthony
My blog
Those FAQs were made by Bill, of this board.
You know what I've noticed about this that is odd............
they require male servers in the US of A to have short hair
but if you go into the kitchen you'll notice chefs who have long hair. (of course the men have to have short hair but not the women.) Anyone else notice this phenominon? Is that because the chefs are behind the scenes? Or maybe the chefs own the business?
Of maybe the chefs are in a better bargaining position than
servers? Maybe the moral of the story is open your own
resteraunt? Of maybe become a chef? I would also mention look
around at various resteraunts, there are resteraunt where you can
get a job as a server with long hair. Not all of them but there
are some.
It varies depending on where you are and what profession you are in. At the least you want to gently introduce it to people - keep it tidy and pony tailed when applying for a new job for sure. I've actually started short and grown it out - it's more about who you are and what you bring to the table than how long your hair is in most places. If you're a wonderful person and full of life and exuberance - they probably won't really mind. On the west coast of the USA they are more liberal and it's not so much an issue - even now in the computer industry - which was years ago a business no-no as long hair country - is loosening up nicely. I'm in NC and they're a bit more conservative but once they get to know me they're usually ok. It's all about how bad you need or want the job and what the parameters are. If it's photography of the arts.....probly expected - if it's a VP of finance at a bank....probably not acceptable. Use the head under all that hair!
About all you can do is try to confuse them with logic. Even if they still reject you they will have the thought stuck in their head about the oddity of letting some people have long hair and not others based on outdated gender identity issues or supposed health regulations.
Hair Religion
Ah there he is! You could ask him directly. Of course, I'm sure he'll want to see your hair, to prove you are sufficiently pious.
I will reply before reading the other comments. Firstly, though, I am not a lawyer.
In the EU you have Article 10 of the Human Rights Act, which protects self-expression, which should give you some legal recourse.
In Washington, DC, the DC Human Rights Act list 'hair style' as a protected class, so that gives you a cause of action in court. This is in fact where I work, although I live nearby in Maryland.
In all other parts of the US, you are pretty much screwed.
The EOC states that they believe discrimination against long haired guys is sexual discrimination under the relevant statute, but they caution that legal precedents have failed to uphold this. That implies that they think the legal precedents are wrongly decided, which they no doubt are, but with the current Supreme Court composition there isn't really any hope of change on that.
There is a cause of action if you can show that it is religious discrimination, but don't invent a religion this week and expect to claim benefit from it next week. Native Americans and Sikhs have won on these grounds (that their religions require long hair), but if you are not one, you don't stand much chance.
A member of this board called Eric has founded a religion simply called the Long Hair Religion, and you should (?) be able to contact him through the web site of the same name and sign up. I did. I am also ordained as a member of the Universal Life Church (I am an atheist, but they don't care what you believe as long as you agree to "do that which is right"). In fact, Eric ordained me as a minister of the Long Hair Religion too, so I guess you can just ask me if you can join, and the only condition is that you grow your hair. Whether that gives you the proper standing for a religious discrimination case I don't know. It would be a test case. OTOH, your chances are much better if you join now and file suit in several years time. Neither Eric or I will collect any dues. That would be sacrilegeous, LOL!