Court Says "No Beard Policy" violates 1991 Civil Rights Act

I’ve always had a “clean shaven every day” policy.

Interviewed a guy today. He’s African-American. Very clean-cut, but not smooth skinned. He wore his beard very neatly trimmed. I mentioned that we have a “clean shaven” policy, and he was pretty polite and just said that he (and many African-American guys) can’t shave every day because his facial hair is curly, and it becomes ingrown if he keeps it close shaved.

I told him that we could come back to that issue after I call his references this afternoon. I did a little research to see if he was making it up, and apparently not. Wikipedia has a whole article on it.

See HERE

And here’s a quote from the end of the article.

“The Eighth Circuit Court of Appeals found that, because African American males suffer from pseudofolliculitis barbae more than Caucasian males, Domino’s Pizza’s no-beard policy violated the 1991 Civil Rights Act, Title VII.”

What would you do?

If he did not/does not fit into my policy and work environment, I would move on to another candidate. I would send a polite letter thanking him for his interest in our company, but we are going with another candidate. We will keep his resume and application on file for future consideration. Do not give him or anyone else a reason for your decision, you don’t have to, and why create drama defending yourself for wanting to make your own decisions about your own company?

This is exactly what the act described above is trying to prevent against. Discrimination of the way someone looks. US law trumps your company policy. I hear what your saying and it is discriminating.

Is the guy a good candidate? Does he fulfill all the rest of your requirements? If he does, then the beard issue should be a non issue. My employee handbook says employees need to be clean cut. (not clean shaven, though I didn’t do that on purpose, the legal decision is news to me). Clean cut gives you a little more leeway to decide what it means for each individual.
I agree you shouldn’t give people reasons why you aren’t hiring them if you choose not to. I just don’t think a beard would be a great reason not to hire someone. I have had amazing, amazing employees who did not necessarily fit my ideal for looks.

By clean shaven, do you also mean no Mustache? I think since you mentioned the beard in the interview and you don’t end up hiring him, you might open yourself up to potential lawsuit. I’m not saying hire him if he is not qualified, I am saying I would not disqualify simply because he cannot meet your company policy. It’s your company and if you think the policy may be in violation of the law, it might be time to revise the policy to something similar to what Melody has. Clean cut can still include a nicely trimmed beard, goatee or mustache and long as it id not messy.

Joe Scinta
Clear Vision Window Cleaning
Buffalo NY …

Yes, clean shaven also means no mustache.

My reason for saying “clean shaven” instead of “clean cut” is because “clean shaven” is easy to define. With clean cut, sooner or later you will get a guy for whom you are constantly having to pull out a ruler to prove to him his beard is too long. That’s because “clean cut” is vague and subjective. “Clean shaven” is clear and concrete. Did you shave today, or not?

I don’t have a no beard policy. As stated in my post, I have a “clean shaven” policy.

What was your issue with the help wanted ad that you saw?

I would first tell him to get a life and if he didnt like that I would tell him to take me to court. Straight bull****!!

Nope, I did not. I don’t shave to the skin, so I always have just a little stubble.
Personally, I think your way overthinking this, Michael. It should come down to whether you liked him or not. He obviously had a good reason to not shave., and you said yourself that he was polite in his repsonse.

You should always be seeking a “Clean” looking professional, but still going to be dealing with a human being with human problems.

Health and safety usually trumps that issue. My former business, in which respirators and their use were required, meant that you are required to be clean shaven. If respirators are required for chemical applicationes in your handbook, then case closed.

If he is a hard worker and does a good job etc. I wouldn’t worry to much about a beard. If he keeps it clean it’s no problem with me. It’s hard just to find a good worker these days. I could care less about a beard.

I brought this up in the http://windowcleaner.com/vBulletin/conversation/12918-tattoos-workplace-2.html#post125632 thread…

I have facial hair, lots of visible tattoos and so do my guys even on their neck and face. One guy is my best employee. I think it’s all about how he comes across when someone is talking to him, if he can shave so he doesn’t look unshaven etc.
We may be tattooed and have beards or go-tees but we’re well kept, clean and man we wash a lot of windows and kill it on a daily basis. Don’t pass him by if you think he would be a strong candidate.

Mike if you don’t want him. Give him my number.

My husband and partner in the company (though not African American) also has this issue he simply can not shave everyday. Although he does not have a beard he does have stubble quite a bit because his face can only handle a shave about once a week. He is a great worker with a great image and it doesn’t pose a problem for us. In my opinion you have to take it case by case, if it’s a health issue you can work around it’s a non issue. Like others have said if he does’nt meet you other standards don’t hire him, but if he does give him a shot.

Mike,
Just remember one thing. Not every window washer who looks like a thug is a thug. :slight_smile:

Have any of you WCRA members seen this before?

GROOMING STANDARDS

  1. Grooming is very important for the first impression of a client. We are in the image business. Our clients CARE HOW THINGS LOOK, who else would pay hundreds of dollars to have their home windows cleaned? People need to feel very comfortable with a person that they will bring into every room of their home. If you make a good first impression, the homeowner will not be suspicious of you and your work. Our general guidelines for hair are short and clean cut looking. Hair being off the collar and ear is advisable. Look at our managers as an example. A short beard can be very handsome and personally, I like them. But, unfortunately, many people can grow only a scraggly beard and during the growing out phase all beards look bad, so to ensure a clean-cut image….we have to say……no beards. Thank you.

It comes from a form available to all WCRA members. Always double check with your Attorney and/or HR person to make sure your not getting yourself into unwanted trouble.

Michael, if you feel strongly about the clean shaven policy, stick to it. If you rethink it some day, so be it. Other owners shouldn’t impose upon you to lighten up in my opinion. You’re a big boy and with time will either be more sure of your policy or see reason to adjust.
Still, I would be careful of stating something that can be pursued in court against you.

Thanks Dan. I’m 6 ft, only 160 lbs, so not too big of a boy. lol. But thanks for the encouragement.