Seven circuit courts of appeals have unanimously concluded that different hair length restrictions for male and female employees do not constitute sex discrimination under Title VII. The first three opinions rendered by the appellate courts on this issue were Fagan v. National Check out Co., 481 F.2d 1115 (D.C. Cir. 1973); Dodge v. Large Restaurants, Inc., 488 F.2d 1333 (D.C. Cir. 1973); and Willingham v. Macon Telegraph Posting Co., 507 F.2d 1084 (5th Cir. 1975). After these appellate court opinions, the opinions of various courts of appeals and district courts consistently stated the principle that discrimination due to an employer’s hair length restriction is not sex discrimination within the purview of Title VII. Additionally, all courts have treated hair length as a «mutable characteristic» which a person can readily change and have held that to maintain different standards for males and females is not within the traditional meaning of sex discrimination under Title VII. Thus, the unanimous view of the courts has been that an employer need not show a business necessity when such an issue is raised. Note that this view is entirely inconsistent with the position taken by the Commission. (See, Barker v. Читать далее «(b) Long-hair — Guys — National Provider, Race, and you will Religion Basics —»
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