African American Worker Fired for Wearing Her Hair Naturally, Federal Agency Says
American Screening, LLC, a drug and medical testing supplies distributor in Shreveport, Louisiana, violated federal law when it fired a worker because of her hair, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed October 27, 2021.
According to the EEOC’s lawsuit, American Screening interviewed and selected the worker for an office job. About a month into the job, the worker — who until then had been wearing a wig made of straight hair — stopped wearing the wig and began wearing her own tightly curled hair in a neat bun. The worker’s hair — considered type “4-A” on the Andre Walker Hair Typing System — is commonly associated with people who, like the worker, are African American.
Soon after, the owner told managers to “talk to [the worker] about her hair and looking more professional,” complaining that the worker “came in with beautiful hair,” the EEOC said. The owner nonetheless allowed other workers who did not have tightly curled hair like the Black worker to wear their hair in buns or ponytails. The owner then told the worker that her hair was unacceptable and that she should begin wearing the wig with straight hair again. The worker did not, however, and about a week later, the owner discharged her, the EEOC said, and the company then hired a worker who was not African American in her place.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits race-related discrimination. The EEOC filed suit in U.S. District Court for the Eastern District of Louisiana (Civil Action No. 2:21-cv-01978) after first attempting to reach a pre-litigation settlement through its conciliation process.
“Grooming standards should not assume personal characteristics associated with race,” explained Rayford Irvin, director of the EEOC’s Houston District Office.
Rudy Sustaita, regional attorney for the EEOC’s Houston District Office, said, “The law prohibits employers from treating employees differently because of personal characteristics associated with race, such as hair texture or skin color, even when all members of a race do not share those characteristics.”
Andrew Kingsley, a senior trial attorney in the EEOC’s New Orleans Field Office, added, “An employer may no more ask an employee to change or conceal their hair texture than it may ask them to change or conceal their skin color.”
Are you struggling with potential EEOC claims or violations?
How about when Big Boss is pushing back on what you KNOW needs to be done, but they just cannot seem to wrap their brains around the suggestions you are making?
Sometimes you need an internal investigation conducted by an UNBIASED 3rd PARTY before a claim, charge, or lawsuit is filed against the company and/or the responsible parties within.
I am an EEOC Certified Investigator
As an EEOC Certified Investigator, I have seen a lot of tough issues that employers really should have researched before making the decision to “do it the way we’ve always done it” OR “not let some employee handbook boss me around”.
How about the time when the accused is your friend or you have some sort of relationship with the person that could cause others to view you as biased during an investigation. Recusing yourself may be the indicated course of action in some cases.
Remember, sometimes even decisions resulting from only the best intentions still pave the road to… well… court! (gotcha!)
I am ready, willing, and able to provide these services at the same rate as my regular telephone or Zoom consultations.
https://secure-cart.anderecorp.com/one-on-one-consulting/
And, don’t forget – I am a credentialed EEO INVESTIGATOR.
So, when you come across issues related to discrimination or harassment and need an unbiased 3rd-party to conduct the investigation please also think of me.
I have been fully trained by EEOC Administrative Judges and other Investigators.
There is no need to dig the hole deeper by trying to do these things on your own when conflicting interests may be in play.
So, next time you want to pass the investigation on to a professional investigator who has no skin in the game, think of me!
