Dress Code Exemptions
SJK1
2 Posts
We have a dress code for both hourly and salaried employees which includes maintaining a 'neat, clean & professional appearance.' In addition, males are not allowed to have hair that is below collar length.
An hourly employee has applied for our management training program. Although his hair is still above collar length, he has begun growing it into dreadlocks as part of his newfound interest in Rastafarianism.
Whenever an employee requests a dress code exemption based on religious beliefs, we request they provide us with written documentation from their religious organization (where applicable) and/or the actual tenet from their religion requiring this specific exemption.
First of all, we continue to be uncertain as to whether Rastafarianism is even considered a religion. Even if it is, no one has ever provided documentation that hair must be worn in dreadlocks - versus just not cutting it. (In fact, the info we have received seems to merely say they can't make themselves bald. Info provided has also stated beards must be worn, though most choose not to follow this).
Is this an accommodation that needs to be considered based on religious grounds? Any guidance would be greatly appreciated.
An hourly employee has applied for our management training program. Although his hair is still above collar length, he has begun growing it into dreadlocks as part of his newfound interest in Rastafarianism.
Whenever an employee requests a dress code exemption based on religious beliefs, we request they provide us with written documentation from their religious organization (where applicable) and/or the actual tenet from their religion requiring this specific exemption.
First of all, we continue to be uncertain as to whether Rastafarianism is even considered a religion. Even if it is, no one has ever provided documentation that hair must be worn in dreadlocks - versus just not cutting it. (In fact, the info we have received seems to merely say they can't make themselves bald. Info provided has also stated beards must be worn, though most choose not to follow this).
Is this an accommodation that needs to be considered based on religious grounds? Any guidance would be greatly appreciated.
Comments
Since your hair length policy does not pertain to women, he clearly is being treated differently because of his gender, a violation of title VII. Moreover, as was the case with the "Afro" 30 years ago, the braided look is now accepted by society and is very popular with African American women. Even Bo Derek wore the style in the movie "10" some 20 years ago. If a significant number of Black women work for your employer, chances are some wear that style and I'll bet nothing is said to them about it.
My point is that this matter is potentially fraught with problems. Going beyond the simple talk that I suggest could blow up into a discrimination complaint since the employee (men) is treated differently than women. I suggest that you not make a big deal out of this given the potential fall-out. I work for a local government, we do not have a written policy. We simply leave it to individual supervisors to apply reasonable standards as to what's appropriate and what isn't. In view of today's fashions and cultural mores, perhaps a second look at your policy is in order. You may want to consider getting rid of it. I would.
The religious piece is really where you have the problem. I don't know enough about Rastafarianism to comment on whether dreadlocks are a requirement. I'd stick with your policy of requiring documentation, which cannot be gotten from a book. What would you do with someone who was an orthodox Jew that had the curls at the side of his head? I believe it's the same thing and should be handled the same way.
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
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