Legal Question in Discrimination Law in Florida

Is this discrimination?

I recently applied for a job to one of Florida's major theme parks. Upon filling out the application a dress code policy was handed to me. The policy stated that all employees are to have well groomed and clean cut hair. After completeing the interview, the recruiter let me know I was well qualified and was ready to set me up for the required tests and screening. She asked me would I be willing to change my hair for employment. I asked her what she meant? I have had dred locs for the past two years that I keep very well groomed. The recruiter blaintly said to me that the park will not hire people who have braids and dred locs and that I would have to cut my hair to change my hair to be employed there. I was stunned. I am a full time accountant and was applying at the park for a part time job, but I shocked me that I could work in a prominent accounting office but can't get hired as a vendor at a theme park b/c I have a dred locs. To me it sounded descriminatory b/c it is known that mostly the black race wears braids and dred locs. Is this considered discrimination?


Asked on 4/17/06, 9:47 am

1 Answer from Attorneys
Mayra Colon Colon Partners, P.A.

Re: Is this discrimination?

Certain grooming and dress code requirements can unfairly affect members of certain races, and as such, are in violation of Title VII. But, these are very difficult cases. For example, No-beard rules have been challenged on the grounds that shaving may precipitate a skin condition more common among black men than white. However, in one case, a court did not have to determine whether an employer had a business reason for the no-beard rule because the employee failed to show that the rule had adverse impact on African-Americans. So, now that I gave you the "lawyerly" :) response the question you need to ask yourself is if you are willing to pass on the job to take on this uphill battle, or if you would rather have the job and forget about the battle. Feel free to e-mail me here or privately if you would like to explore this further.

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Answered on 4/17/06, 6:12 pm


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