U.S. Court rules not hiring someone for having dreadlocks legal

EBK String

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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.

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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. Therefore, claiming that dreadlocks do not fit a grooming policy is based on these stereotypes and inherently discriminatory, as dreadlocks are a hairstyle “physiologically and culturally associated” with African-Americans.

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Rushay Booysen / Getty Images
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.

Title VII of the Civil Rights Act has been routinely interpreted by the courts to only protect against “immutable characteristics” and not cultural practices. In Garcia v. Gloor, the courts ruled against the plaintiff, arguing that being fired for speaking Spanish at work despite their employers English-only policy did not violate Title VII.

RELATED: ALLEGED DISCRIMINATION AGAINST DALLAS PREP SCHOOL STUDENTS OFFERS A LESSON

Restrictions against dreadlocks have also been implemented in schools. This past July, Attica Scott, whose daughter is a student at Butler Traditional High School in Louisville, Kentucky, tweeted the dress code distributed by the school, which specifically prohibited “dreadlocks, cornrows, and twists.”

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ba'al

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Cacs acting like Delilah of the bible and knowing nikkas walking around today are Samson trying to get us to cut off our crowns. A damn crossdressed man can't be discrimanted against but something as simple as a hairstyle can be, it's crazy.

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