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Job Discrimination

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semitran

Junior Member
What is the name of your state? Montana

I am not sure if this fits under discrimination. Looking at advice on how to proceed. My brother was hired at a national grocery store chain recently to work in the deli. My brother has long hair, about to his shoulders. The store manager, while going over the dress code policy remarked that his hair was okay as long as it was in a pony tail.

Today, he was pulled aside by the assistant manager while the store manager was away. After a series of conversations, and a call to the regional manager who apparently gave the thumbs down, she is insisting that he cut his hair by monday or be terminated. Since my brother was hired by the store manager and approved of his hair style, do they have any right to force him to cut his hair?

If he doesn't cut his hair and is fired, does he have any legal remedy available?

Thanks,

semitran
 


mitousmom

Member
If your brother wears his hair a certain length because of the practices or beliefs of his religion, he can ask his employer for an exception to its grooming policy as a reasonable accommodation. It must provide one, unless to do so would be an undue hardship.

However, in general, the federal courts have upheld different hair length standards for the sexes when they are necessary to the normal operation of the employer´s business. However, it's not clear to me why hair of a certain length is necessary to the operation of the deli, as long as the local safety and health requirements are met. It's also unclear how an assistant manager gets to over-rule the store manager.

Maybe the manager can find another job in the store for your brother, where his hair length isn't an issue for the assistant manager.
 

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