Posted on September 22, 2016

U.S. Court Rules Dreadlock Ban During Hiring Process Is Legal

Noel Gutierrez-Morfin, NBC News, September 21, 2016

The 11th U.S. Circuit Court of Appeals recently ruled against a lawsuit filed by the Equal Employment Opportunity Commission against Catastrophe Management Solutions, effectively ruling that refusing to hire someone because of their dreadlocks is legal.

The lawsuit was filed by the EEOC on behalf of Chastity Jones, whose job offer was rescinded by Catastrophe Management Solutions, located in Mobile, Alabama. According to the case file, Jeannie Wilson, a human resources manager for CMS, commented on Jones’ dreadlocks during a private hiring meeting to discuss scheduling conflicts, telling Jones, “they tend to get messy, although I’m not saying yours are, but you know what I’m talking about.” Wilson told Jones that CMS would not bring Jones on board with dreadlocks, terminating the job offer.

In their suit, the EEOC claimed that this was a violation of the Civil Rights Act of 1964’s Title VII, arguing that dreadlocks are a “racial characteristic” that have been historically used to stereotype African-Americans as “not team players” and as unfit for the workplace. {snip}

The court of appeals disagreed, ruling that CMS’s “race-neutral grooming policy” was not discriminatory as hairstyles, while “culturally associated with race,” are not “immutable physical characteristics.” In essence, traits in a person’s appearance that are tied to their culture but are otherwise changeable are not protected and can be used to deny job offers.

{snip}