Legal Question in Discrimination Law in New York

I often say, "You can be fired for the color of your tie but not the color of your skin." It just may be that I should say "You can be fired for the color of your hair . . . " Since most employment is considered "at will" (meaning that either the employer or the employee is free to terminate the employment relationship), the exceptions are if you are covered by an employment agreement (such as a collective bargaining agreement) or unlawful discrimination.

Discrimination is unlawful if it is due to such factors as gender, pregnancy, national origin, race, color, religion, age, or disability, or retaliation for opposing such unlawful employment practices.

If you are a member of a union, speak to your union representative immediately. If there is an employee handbook, that may also establish a standard or may outline employee rights.

Sometimes what seems to be permissible can be considered discriminatory if the factor involved is asociated with a particular race, gender, or national origin. If, for example, your two-tone hair color were popular among, say, persons who come from a particular country, then it is possible to contend that it is national origin discrimination. As far as I know, discriminating based on blonde/black hair is not a proxy for any other kind of discrimination.

If there are other factors, it might we wise to speak with an experienced employment attorney.

Good luck to you.