Other Appearance-Based Considerations
Many companies and employers require employees to follow a dress code that can also
include restrictions on piercings, tattoos, makeup, nails, hair, facial hair, and more. As long as
these policies are not discriminatory, they are, for the most part, legal. Some variations may exist
between men and women in the policy, however, major differences in the requirements between
genders should not be present.
Hairstyles
Your employer may have rules and restrictions on the type of hairstyle you can wear as an
employee. Extreme haircuts, like a mohawk, or crayon-colored hair may not be permitted as part
of your company’s dress code. It is important to be familiar with the types of hairstyles that may
be permitted in your industry. If, for example, you are a programmer working remotely, it may
not matter. Do your research ahead of time and prepare yourself for the expectation that you
may not be able to wear your hair exactly as you like in the career that you choose.
It is also worthwhile to become familiar with hairstyle-based discrimination. This type
of discrimination, based on hair texure, is a form of social injustice that Black candidates and
employees may face in the workplace if they wear their hair in more natural ways. Policies and
“guidelines that call for ‘professional’ or not ‘extreme’ looks
can disproportionately lead to bias against Black employees”
(McGregor par. 15) and these types of policies generally restrict
traditional African-American hairstyles. According to The
CROWN Act, Black women are 1.5 times more likely to be sent
home from the workplace because of their hair and are 80%
more likely than white women to feel as though they have to
change their hair from its natural state to t in at the ofce.
The CROWN Act (Create a Respectful and Open
Workplace for Natural Hair) “is a law that prohibits race-based
hair discrimination, which is the denial of employment and
educational opportunities because of hair texture or protective
hairstyles including braids, locs, twists, or bantu knots” (CROWN
Act). At the time of publication, the CROWN Act has been
passed into law in 7 states (California, Colorado, Maryland, New
Jersey, New York, Virginia, and Washington), 17 states proposed
a CROWN Act but it was not passed, and another 7 states have led for a CROWN Act (CROWN
Act). It is recommended to look into the laws in your state of employment to be familiar with
your rights related to hairstyle.
Tattoos and Piercings
Though tattoos and piercings have become more a part of mainstream culture, it does not
mean that they are a welcome addition to a company’s dress code. It is not against the law to
discriminate against someone with tattoos or piercings in the workplace. Historically, tattoos and
piercings could have cost you the job, however, some companies are becoming more relaxed
in their policies regarding body art. While it is becoming more commonplace for folks to have
tattoos and piercings, that does not mean that all industries or companies within an industry will
nd it acceptable.