California’s diverse and inclusive culture celebrates individuality. However, some workplace appearance policies can clash with personal expression. Employers may set standards for tattoos, piercings or hairstyles under the guise of maintaining professionalism. So, when these policies disproportionately affect certain groups or cultures, they can lead to discrimination.
State laws in California, such as the Fair Employment and Housing Act (FEHA) and the Crown Act, protect against workplace discrimination. Whether your appearance reflects cultural heritage, personal identity or creative expression, these laws help to ensure you are treated fairly in hiring, promotions and day-to-day interactions.
Can your employer enforce appearance policies?
Generally, employers in California have the right to impose dress codes and grooming policies. But, these policies must be applied equally and without discrimination. The Crown Act protects natural hairstyles associated with race, such as braids, locs and twists. If you are asked to alter your hairstyle because it’s deemed “unprofessional,” it could be a violation of your rights.
Also, restrictions on tattoos and piercings must not single out specific groups or unfairly impact an employee’s cultural or religious practices. For example, if your employer requires you to cover a tattoo that holds religious or cultural significance, it could constitute discrimination. Employers must provide reasonable accommodations for religious or cultural expression unless doing so would create an undue hardship for the business.
Additionally, appearance policy must not disproportionately affect certain genders or age groups. For instance, banning visible piercings may inadvertently target younger employees or women. This action can potentially lead to claims of indirect discrimination. Policies should be clear, consistently applied and mindful of inclusivity to avoid legal risks.
Discrimination based on appearance can be subtle but damaging. If you believe you’ve been discriminated against due to your tattoos, piercings or hairstyle, seeking legal action can help you understand your options and hold employers accountable.