People often think of racial discrimination as obvious. In some cases, the people making hiring decisions clearly allow their bias to influence their choices. The company may rarely hire workers from particular backgrounds or may exclusively hire professionals of a specific race.
Other times, companies may initially appear to have inclusive staffing practices. However, workers may experience forms of discrimination in the workplace that affect their income, upward trajectory and mental health.
In some cases, company grooming or appearance standards as outlined in handbooks and training materials could actually constitute a subtle form of racial discrimination.
Do standards burden one group unfairly?
Baseline appearance standards, such as requiring clean, unrumpled clothing and basic hygiene practices, are reasonable. Other standards can create an unfair burden for workers with certain characteristics.
For example, no-beard policies often put an unfair burden on men with darker complexions. They may be more likely to develop severe skin irritation from consistent daily shaving.
Standards for hairstyles could also potentially constitute racial discrimination. They may place an unfair burden on workers with naturally wavy or curly hair. Maintaining straight hair could require hundreds of dollars monthly and hours of time outside of work.
In cases where arguably subjective appearance standards create a financial or physical burden for certain workers but not all employees, the company’s current standards could constitute racial discrimination. Workers should not need to endure preventable physical discomfort, spend more time grooming themselves or invest more in their appearance than others simply because of their natural features related to their race.
Workers denied opportunities because of their race, including their hair and grooming practices, may have grounds for a racial discrimination lawsuit. Reviewing an offending company’s appearance policies with a skilled legal team can potentially help workers hold that company accountable and may lead to changed policies.