Whether your boss can require you to cut your hair depends on several factors. In some cases, your boss may be able to legally require you to cut your hair, while in other cases forcing you to cut your hair may be considered workplace discrimination. Understanding the laws around appearance and grooming standards in the workplace is key to knowing your rights when it comes to your boss telling you to cut your hair.
Key Factors
There are a few key factors that determine whether your boss can require you to cut your hair:
- Is there a legitimate business purpose for the hair length policy?
- Is the policy being applied in a discriminatory manner?
- Does the policy create an undue burden on protected classes?
- What state do you work in?
Let’s explore each of these factors in more detail:
Legitimate Business Purpose
In general, employers are allowed to set grooming and appearance standards in the workplace as long as there is a legitimate business purpose behind the policy. For a hair length policy, some examples of legitimate business purposes may include:
- Safety – Long hair could get caught in machinery in a factory or other industrial setting.
- Hygiene – In a restaurant, long hair could shed into food.
- Professional image – Law firms and financial companies may require conservative hairstyles to project professionalism.
If your employer can demonstrate a legitimate need for short hair related to their business operations, the policy is more likely to be considered legal.
Discriminatory Application
Even if there is a valid business purpose behind a grooming policy, it can still be illegal if it is implemented in a discriminatory manner. For example, if only female employees are required to have short hair while male employees can have long hair, that would likely be viewed as gender discrimination. Requiring only African American employees to cut their naturally curly or kinky hair could also potentially be racial discrimination.
For a policy to be valid, it must be applied evenly across all employees, regardless of protected characteristics like race, sex, religion, or natural hair texture.
Undue Burden on Protected Classes
In some cases, a grooming policy may place an undue burden on employees belonging to certain protected classes even if it is not overtly discriminatory. For example, some courts have found policies prohibiting beards to be illegal religious discrimination because they place an undue burden on employees whose religion requires them to grow a beard, like Sikhism.
Similarly, policies prohibiting natural Black hairstyles like braids, locs, or afros may be considered indirect race discrimination because they put an undue burden on African Americans who would have to significantly alter natural hair texture to comply.
State Laws
In addition to federal anti-discrimination laws, some states also have specific statutes protecting hairstyles associated with race or cultural identity. For example, California, New York, New Jersey, Colorado, and other states now prohibit discrimination based on natural or protective hairstyles such as braids, locs, twists, and afros. So if you work in one of these locations, that provides additional protections.
When Can Your Boss Legally Require a Haircut?
Now that we’ve reviewed the key factors, let’s look at some examples of when a boss can and cannot legally tell you to cut your hair:
Legal Reasons
- A factory requires both men and women to wear short hair in the production area for safety reasons. This would likely be legal as there is a legitimate business need.
- A restaurant requires all cooks to wear hairnets and prohibits long beards to prevent hygiene issues. This applies to all cooks and helps food safety.
- A law firm prohibits all employees from having unconventional dyed hair colors like pink or blue. They can demonstrate this is needed for their professional image.
Illegal Reasons
- A retail store requires only female sales associates to have shoulder-length hair while allowing male employees to have long hair. This is likely illegal gender discrimination.
- A company bans dreadlocks and braided hairstyles that disproportionately affect Black employees. May be illegal race discrimination in some states.
- A boss tells a Sikh worker he must shave his beard even though it is worn for religious reasons. Could be religious discrimination.
In essence, if a grooming policy is inconsistently applied, targets specific groups, or creates an undue burden on protected classes, requiring employees to cut their hair would be illegal. But if it is applied evenly to all workers for legitimate business needs, it is more likely to be upheld as legal.
What To Do If You Are Asked to Cut Your Hair
If your boss asks you to cut your hair and you believe it may be illegal discrimination or against your religious beliefs, here are some steps to take:
- Ask for the grooming policy to be provided in writing – review to see if it is applied consistently.
- Request a religious or medical exemption if applicable.
- Consult your employee handbook to understand your rights.
- Consider filing an EEOC complaint for discrimination.
- Consult with an employment lawyer about potential legal action.
- If policy is clearly legal, decide if the job is worth cutting your hair or look for a new job.
Standing up to workplace policies that may be discriminatory can be difficult, but is important to assert your legal rights. Speaking to human resources, looking for a new job, or consulting a lawyer are key steps if you feel you are dealing with unlawful discrimination related to your hair.
Conclusion
In summary, whether your boss can legally require you to cut your hair depends on several factors:
- If there is a legitimate business need for short hair that is applied consistently
- If the policy creates an undue burden or discriminates against protected classes
- The employment laws in your particular state
Standing up to potentially discriminatory policies is crucial. If your boss demands you cut your hair for reasons you believe to be unlawful, consult resources about your rights and consider seeking legal counsel if necessary.