This week, in a 3-0 decision, the 11th Circuit Court of Appeals dismissed a case brought by the Equal Employment Opportunity Commission against an Alabama company that rescinded a job offer because a black woman refused to cut off her dreadlocks.
I donāt want to, but I can see two sides in the issue. Dreads are a hairstyle; they arenāt an āimmutable trait,ā as the court says. They often have spiritual significance, and they take a lot of time and effort to grow and care for, but they are a hairstyle.
If theyāre long and the person works around machinery where they might get caught, or in a kitchen where they might flop into the soup, OK, letās regulate it ā just as you would long hair of any type ā hello hair net. Or, if an employer feels that a certain hairstyle is inappropriate for their particular workplace ā a hair salon with a predominantly white customer base ā it makes more sense for them to say you donāt meet our internal or external aesthetic. That too has its iffy sides, but I get it. Here, however, weāre not talking about a kitchen or a plant filled with dangerous, heavy machinery. Weāre not talking about a salon filled to the brim with little old white ladies with beehives and blue-tinted bouffants. Weāre talking about customer service. Iāll get to that in a minute.
With this ruling, weāre now walking a fine, fine line. If the Supreme Court can ban dreads from the workplace ā a hairstyle almost exclusively favored by people of African descent, whatās next? At some point in the future, will my employer be legally able to force me to get a perm if they decide my curl patternās not right for the office?
The company involved in the incident that kicked it all off openly stated that this was a grooming issue. A piece published in Elle recounted the tale:
āIn 2010, a woman named Chastity Jones received a job offer from Catastrophe Management Solutions in Mobile, Alabama. But according to Jones, a white human resources manager took issue with her dreadlocks, saying the style was against company policy because dreadlocks “tend to get messy, although I’m not saying yours are, but you know what I’m talking about.” ā

Um, no. No I donāt. Actually, wait. I have seen some extremely messy dreads before ā on white peopleās heads. Sorry, guys. Certain textures of hair donāt work as well in certain hairstyles. Itās just a universal beauty shop truth.
But letās dig into to that HR manager a bit. The woman openly said that dreads ā also known as black, natural hair ā are messy. Thereās so much wrong with that, I donāt think I have enough strength in my fingers to type/battle it out. But ultimately it goes back to a not uncommon belief that natural black hair is offensive, dirty and ugly. Why? It doesnāt conform to the accepted standard of beauty. Comedian Paul Mooney said it best: If your hair is relaxed, white people are relaxed. If your hair is nappy, theyāre not happy.
Black hair has always been political, not to mention an endless source of curiosity. Iāve blogged more than once about incidents in the news where some poor black personās body became the equivalent of a petting zoo for an unexposed person who regressed to toddler age and couldnāt keep their hands to themselves.
Iām no legal eagle; I donāt know the ins and outs of the case and the deliberation process that produced the final ruling, but it seems like one key side of the issue has been woefully neglected: Would Chastity Jonesā hair prevent her from giving excellent customer service? No. Not unless someone wrapped one of the dreads around her throat, and she couldnāt talk.
An unstated opinion or a belief rooted in bias should not be allowed to dictate policy. We can throw legal terms, arguments and Title VII of theĀ Civil Rights Act of 1964 around all day, but at the root this is about a perceived lack. Jones was judged not on her performance but on her appearance. Whether the employerās decision to discriminate or behave in a biased and prejudicial manner was ultimately deemed legal or not, this woman was quietly labeled unattractive, and she lost the means to make a living because of it.
When it comes to the workplace we need to ask ourselves, whatās more important? Perception or performance?
Kellye Whitney is the associate editorial director for Workforce. To comment, email editor@workforce.com.