Did manager discriminate by telling applicant to cut his dreadlocks?


Issue:

When an applicant with long dreadlocks applied for a security guard position, the interviewing manager informed him that, pursuant to company policy, he could not be hired unless he cut his hair. The applicant responded by stating “that’s why I’m suing my last employer, it’s against my belief.” As the applicant was leaving, the manager told him that he could reapply “if he cut his braids.” Claiming that the company engaged in religious discrimination when it refused to hire him because of his dreadlocked hairstyle, the applicant threatened to sue. Will he be successful?

Answer:    

No. In a case with similar facts, the Seventh Circuit ruled that “[a]n employee has a duty to give fair notice of religious practices that might interfere with his employment.” In that case, the employee argued that he had a religious practice that conflicted with one of the prospective employer’s employment requirements, that he brought his religious practice to the company’s attention, and that the company refused to hire him because of that religious practice. The issue was whether the employee actually brought to the interviewing manager’s attention the fact that his religious beliefs precluded him from cutting his dreadlocks.

Although the applicant argued that his use of the word “belief” along with the dreadlocks put the employer on notice of his hairstyle’s religious nature, the Seventh Circuit stated that, unlike race or sex, a person’s religion is not always readily apparent. The manager testified that he lacked familiarity with the Rastafarian faith and that he did not associate the applicant’s statement of “belief” with religion.

The trial court concluded that the manager did not know the applicant wore dreadlocks for religious reasons, and that finding was not clearly erroneous. The ruling was upheld on appeal by the Seventh Circuit. Also, the fact that the applicant’s name began with the word “Lord” did not persuade the court that the manager knew the dreadlocks were religious in nature. Thus, because the applicant failed to inform the prospective employer that his religious belief required him to wear dreadlocks, he could not proceed with his lawsuit.

Source:  Xodus v. Wackenhut Corp (7thCir 2010) 93 EPD ¶43,966.

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