Legal Question in Business Law in California

I've been working at my job for over 4 years, my boss just put a memo out stating we can't have "unnatural" hair color, which mine is red. The memo stated we have till January 1st 2014 to comply or else we get fired. I just spent $60 for hair color and don't get paid enough to be okay with loosing out on $60. I don't remember signing any documentation apon my hired date stating I could not have red or unnatural hair color. Can he discriminate or fire me due to my hair color?


Asked on 11/18/13, 4:55 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes. First of all, "discrimination" falls into two categories: unlawful discrimination and lawful discrimination. Some people mistakenly think that all discrimination is illegal, and indeed some kinds are -- such as racial discrimination. However, the definition of "discrimination" is something more like "distinguish" than it is "bear prejudice" or similar concepts that are necessarily bad.

In the USA, certain limited kinds of discrimination have been declared unlawful by our Supreme Court. The list is pretty short, and includes declaring discrimination based upon race, sex, sexual orientation, religion, national origin, and perhaps a couple other categories to be unlawful. Until declared unlawful by Constitution, statute and/or court decision, discrimination is lawful.

So, back to your question. Yes, an employer can demote or fire you based on your hair color, and that's true whether it's natural or dyed. It's sometimes said that an employee can be fired for a good reason, or for no reason at all, but not for a bad reason. Unfortunately, the list of bad reasons is very short.

My answer might be different if your employment were governed by a personal employment contract or by a union collective-bargaining agreement. In such a case, I'd have to say consult your contract or talk to your union representative.

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Answered on 11/18/13, 5:29 pm
Charles Perry Law Offices of Charles R. Perry

I agree with Mr. Whipple.

Your employer has the right to change the dress code at any time. He or she is not bound by the code in place at the time of your hiring. I see no discrimination here based on race, gender, or other unlawful basis, and I assume you do not belong to a union.

California is an "at-will" state, meaning your employer can terminate you for any reason that does not violate the law, or for no reason at all. Unfortunately, you must either comply or seek employment elsewhere.

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Answered on 11/18/13, 11:48 pm


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