(b) Long hair – Men – National Origin, Battle, and you can Religion Bases –
Seven circuit courts of appeals have unanimously concluded that different hair length restrictions for male and female employees do not constitute sex discrimination under Title VII. The first three opinions rendered by the appellate courts on this issue were Fagan v. Federal Cash register Co., 481 F.2d 1115 (D.C. Cir. 1973); Dodge v. Icon Dinner, Inc., 488 F.2d 1333 (D.C. Cir. 1973); and Willingham v. Macon Telegraph Publishing Co., 507 F.2d 1084 (5th Cir. 1975). After these appellate court opinions, the opinions of various courts of appeals and district courts consistently stated the principle that discrimination due to an employer’s hair length restriction is not sex discrimination within the purview of Title VII. Additionally, all courts have treated hair length as a “mutable characteristic” which a person can readily change and have held that to maintain different standards for males and females is not within the traditional meaning of sex discrimination under Title VII. Thus, the unanimous view of the courts has been that an employer need not show a business necessity when such an issue is raised. Note that this view is entirely inconsistent with the position taken by the Commission. (See, Barker v. Taft Sending out Co., 549 F.2d 400 (6th Cir. 1977). See fcn chat giriЕџ also Baker v. Ca Property Title Co., 507 F.2d 895 (9th Cir. 1974); Knott v. Missouri Pacific Railroad Co., 527 F.2d 1249 (8th Cir. 1975); Longo v. Carlisle-Decoppet & Co., 537 F.2d 685 (2nd Cir. 1976); and Earwood v. Continental Southeastern Contours, Inc., 539 F.2d 1349 (4th Cir. 1976).)
Whenever grooming standards otherwise regulations try applied differently to help you also oriented some body considering its religion, national provider, otherwise competition, the fresh disparate therapy idea away from discrimination will implement. (Pick § 619.2(a) for advice in the processing these charges.) In the event the, although not, a charge alleges that a grooming fundamental or coverage and that forbids males of putting on long hair provides a detrimental perception up against asking group due to their battle, religion, or national resource, brand new Commission will simply see end in in the event the evidence can be found to establish the new unfavorable effect. (more…)
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