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Is prohibiting facial hair illegal sex discrimination? 09-01-01

I am currently having a problem with a few employees regarding our company's dress code policy. The main issue is facial hair. The policy reads the only acceptable facial hair is a mustache. The employees have contacted a lawyer and say that this is illegal and in violation of Title VII of the Civil Rights Act of 1964 section 2000-e, subsection 703, a1-3 as ammended in 1991. They claim that this is some type of gender bias, and I, the manager if I enforce this policy am liable for criminal action. I have tried to search this out myself but cannot seem to find a concrete answer. Can you help?

Rita Risser responds:

First of all, you can never be subject to criminal action for a violation of the Civil Rights Act. Second, the venerable Walt Disney company has grooming standards on facial hair for all their US theme parks, as do many, many other employers. Facial hard standards have been ruled on by many courts, and all of them have held that facial hair rules are legal, IF the employer accommodates people who have a medical or religious reason for not shaving. There is a very old case that held that facial hair standards are an illegal invasion of privacy if the employer is a government agency. Assuming you are a private employer, you have the right to set grooming standards. Good luck.


Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
 
 
     
 
 
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