Maloney O'Laughlin PLLC fights for employees throughout Washington, from Seattle to Spokane.

Maloney O'Laughlin PLLC fights for employees throughout Washington, from Seattle to Spokane.

Is your employer’s hair code racially discriminatory?

On Behalf of | Aug 1, 2024 | Race And National Origin Discrimination

Image counts for a lot in business. Yet some employers are so keen on controlling their employee’s image, that in doing so they present a poor image of themselves. They show the company to be one that racially discriminates against its workers.

Hair is the area of dress codes where this is perhaps most common. Some employers still fail to realize that not everyone is born with the same type of hair and that not everyone can achieve the same hairstyle so easily.

Straight hair is not natural for many

A typical company dress code might say something like, “ Employees should wear their hair straight.” That’s easy if you’re born with straight hair, you just brush it and let it hang loose. But what about the huge percentage of the population who are not born with straight hair? 

For years, some employees (Black female employees in particular) had to battle with their hair each morning to comply with their employer’s desire to have everyone wearing their hair the same. They used heat tongs to smooth it or had a chemical treatment to try and lose the curls or frizz.

They were forbidden from wearing their hair in its natural form, or from using the protective techniques that were best suited to their hair texture and traditional to their cultures.

In 2020 Washington amended its laws to make it clear that such requirements from employers could be considered racial discrimination. Most employers have caught up, but some still cling to their old ways. If you feel your employer’s hair requirements are discriminatory, it’s important to learn about your legal options.