Have you read the employee policy manual? Many companies have policies in regard to dress code. Does your company have an HR department? If so, go talk with them. Are you thinking that this has really nothing to do with your hair color, but more to do with your health? If so, more reason to go to HR.

Sue

Did they hire you with that hair? Then you have a case!
If they hired you and allowed you to continue to work that way for 6 months then they have created a precedent...you can write a letter and get letters from clients stating that you have had your hair this way the whole time.
Attach the attestation letters to a registered letter to the HRM and a copy to a legal firm or an internets Pro-bono legal site.
Or something like that>>>>good luck Katia
Sharon

quote:

"No non-human color hair or extreme hairstyles".

I guess "extreme" is in the eye of the beholder. The timing of this is just very suspect...

You don't have a contract, they can fire you for any reason besides race, color, religion, sex, national origin, or disability.

Maybe they want to fire you for having Crohn's, but the fact is that you are also violating one of their rules (apparently a very unimportant one since it slid by for six months), and being allowed to fire someone over that rule is *precisely* why it's written in the employee handbook.

It would be very hard and expensive to prove that they terminated you for having Crohn's disease and not for violating the employee policies. If you're really the top salesperson in the entire region, I'd say find another sales job elsewhere.

I don't think it's right, but you could throw away many hours and many dollars fighting to make things right, and most likely still lose.

Something smells here! I would definitely review the company’s dress code in their personnel manual. When you were hired, did they explain or give you anything concerning dress code or object to your hair color? Does their dress code mention anything about tattoos, body piercings or unacceptable clothing items? Since you have worked there, have any other employees been cited for “dress code violations”? Tread cautiously if you are in your probationary period, since it is easier to discharge an employee during that period. Be sure to keep records (at home, not at the workplace) of everything that might pertain to this situation, including notes of pertinent meetings and conversations. You also have protection under ADA (Americans with Disabilities Act) if your employer’s actions have basis relating to your medical condition.

The only thing mentioned in the handbook is what I quoted. But it also mentions tattoos and body jewerly. Although a young girl at my store has a nose piercing, and the stock clerk has disk earrings. Nothing at all was said when I was hired and I am no longer in the probabtion period. My last two jobs also had similar policies, and it was never an issue. My store manager felt really bad, he said they have never done anything like this before. He took my picture, and wrote a letter about me being the top sales person and that customers obviously don't have a problem with it. When I think of "extreme hair" I tend to think mohawk or blue & pink stripes. My hair is the same as it is in my profile pic....in fact, that pic was taken after I started there...

I would say contact HR as well but don't expect much. We have a pretty strict dress code in our company but nothing about hair styles. That sounds weird to me. I work in retail myself and recently there was an issue in our store with another employee who went to HR. In my co workers case they did little to help but you may have a fight here. Especially since you were hired with the hairstyle. Sounds pretty fishy to me with the info you provided about being out in the hospital. Your hair in your pic looks fine to me. What's so extreme about it? It's not like you have a Swastika shaved into it!

I agree, you were hired "as-is" without being told to change prior to commencing work, and you have been doing well without customer complaints. It is quite suspicious that they have suddenly decided to selectively enforce a dress code. If they suddenly decided to enforce the dress code with everyone (such as upper management issuing an edict), then it would not appear to be suspicious. Have you asked the other employees if they were told to comply?

Still, the real question is how far are you willing to go in order to keep this job. If you wish to fight this, are you willing to lose your job and possibly a good recommendation? Have you offered to comply if everyone is required to follow the dress code? You could file a grievance with HR, stating you were being singled out for dress code compliance, but it may not change anything other than everyone getting called on the carpet.

I suppose one option would be to wear a wig during work, then you could be yourself in off hours. If they give you crap for that, then it really IS personal! Then you just bide your time, find another job then file a complaint with the Labor Board. No attorney needed.

Jan

Yikes, what a mess. No advice here; plenty of good stuff above. Just -- yikes. Cannot believe the crapola out there.

Gin

Today I found out that the VP of retail sales is from Abracombie & Fitch...they are notorius for their appearance policies. I feel bad because it's going to all come down on the store manager who hired me. He is in his 50's, and is worried the company is going in a younger direction.

It was just so weird that it came up right after I was in the hospital. I left a mangement position and took a pay cut to work for this company...because I thought it was such a good company.

I could comply, but they want me to change who I am. I'm a glam girl, no getting around it. I would never in a million years want to work for A&F. They frown on styled hair, makeup, nail color...geez...I might as well be a boy! Lol...just kidding.

I think I forgot to mention...the hospitalization was for a SBO. You guys would have been so proud of me! I made them put the NG tube down while I was still in the ER...I was out in 4 days...thats the shortest hospital stay for a SBO I have ever had. But of course my insurance doesn't start until April 1st. Always somethin'!

Hi Cataja

I'm sorry to hear this, what a drag. I don't have much more to offer from what the other posters wrote but I do have two small snippets that I'll say:

1. Your hair is awesome. I love it and it matches your big and vibrant smile!

2. I stopped shopping at A&F a few years ago when a news story came out about them only hiring good looking, very thin people and only carrying "rather small" sizes in their stores. Never mind the headache inducing smells wafting from the stores. Geesh. Sounds like your VP of Retail isn't changing his ways.

If this goes down the gutter and you can no longer work for your company, THEIR LOSS.

Hi all:

I am an attorney and have worked on a lot of labor/employment law cases. In order to have any viable claim for discrimination relating to your Crohns you would, among other things, need to show that you suffered a "materially adverse employment action" (i.e. a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits).

Having to change your hair for work is a mere inconvenience and is not considered "materially adverse." Thus, even if you could somehow show that the real reason they gave you flack about your hair was because of your Crohns (a disability protected under the Americans with Disabilities Act), you would still have no case.

Many employee-side attorneys are willing to take on cases free of charge to you if they think the case has merit (they can collect their fees from the employer if they prevail). Additionally, most of these attorneys do not charge for an initial consult.

Wow! Your hairstyle is beautiful and not at all extreme. What could the guy be thinking? You have my support for whatever you decide to do.

I really hope it isn't because of the time off. We just learned my husband was laid off from his last job because of the effects of my hospital bills on the company's insurance rates. Admittedly, my bills were over a hundred thousand dollars and it is a very small company.

My husband is very happy with what he is doing now but I do wonder about whether or not his termination was legal.

Does not seem legal to me. Are you in California? Maybe you should get a quick analysis from a labor attorney, or even just the labor board. Maybe it is different with small businesses, but if there is insurance offered, it does not seem correct to penalize you for using it...

Jan

Can I make a suggestion? Knowing that it is all probably about the crohns and not the hair I would go out and buy a cheap wig in a 'normal human colour' and wear it for a couple days at work (that way you do not have to 'die' your hair to conform to their ridiculous policy)and see if that 'changes their mind about you...if you are an outside sales person then tell them that you carry your wig in your car and put it on before all sales calls...they have no say on what you look like outside of your working hours...if that does not 'satisfy' their rules then they are gunning for you and you can prove it.
Sharon

Subzeromambo:

Firing an employee because a family member has a "disability" costly to the company could be considered what is called "associational discrimination" under the Americans with Disabilities Act (ADA). While the ADA only covers employers with 15 or more employees, some state laws offer greater protection.

Thank you for the information.
Labor lawsuits are very expensive so we are not going to do anything it this time. I hope it never happens again!

It should not cost anything to file a claim/complaint with the labor board. It may not get the job back or compensation, but perhaps help prevent it from happening to the next person.

This sounds pretty serious.

Jan

I don't think you can prove it is because of your Crohns, unless someone in HR testifies that's why they fired you. I think they want to get rid of you before you go on their health insurance because of your pre-existing condition. Let's call it what it is. If you comply with the hair code they will come up with something else or they will just "downsize" and say the last person hired or something like that. They really don't have to give a reason in the state where I live. Certain groups are protected but employers have figured ways to get around it.

Maybe it really is your hair, people are crazy like that.

I suggest you start looking for a new job. Tone down your hair with some of temporary hair color and style it differently until April 1st and see what happens. I bought a can of "TouchBack Plus Leave-In conditioner that Adds Color Instantly" it at the store 'Envy' and it works great. You put it on as a conditioner, after you wash your hair, and the color stays until you wash it again. It adds color to natural or color treated hair. So you can turn back to you with a wash. Style it more conservatively and see how it goes. Make it look like you are playing their rules.

Get your insurance as I'm sure you need it. Then see if you can go back to your other hair by telling your boss that you sell more with your personality and the hair is part of the package. Maybe he will go to bat for you. You can cross that road after you get your insurance. Then you will be able to have COBRA if/when you get a new job.

I use to own an employment agency. Believe me, most of the time the employer is going to win. They have employment attorneys review and/or write their employee manuals. It sounds like you work for a retail chain that is big enough to have all of this set in place.

I just noticed you should have your insurance by now Catja. Are you still working?

Yup...Insurance in place...I found out a few more things. The VP of Retail Sales did say something to my boss the day he was in the store. My boss kept it to himself and went to bat for me with HR. I am looking for another job, but am having my hair colored on Thursday by a ex-beautician friend of mine.

Sorry you have to get it permanently colored but am glad your boss went to bat for you. You have insurance and didn't get fired so it wasn't because of your health. I hope that guy goes bald, is that horrible or what. Then the store should outlaw hiring bald men, make them wear toupees, I know they can't do that.

I worked way back in the day when it was legal to specify the following job order from a famous tire company for "SalesMEN" that said "NO FACIAL HAIR" which breaks the now male/female rule big time. (My step-sister is the #1 salesperson selling tires in a retail store now.)

I honestly didn't think they could do the hair thing when your problem came up. I just thought if an employer didn't want to hire someone with "facial hair" or hair like yours that they would find someone else they liked better to hire and discriminate secretly.

Good Luck!

An employer tried to pull this stunt with me as well. She said that I could only have 1 piercing in each ear but most of the girls that worked there had 5 or 6 in each ear. This was her reason for not hiring me, but it was after she found out that I had UC and have been hospitalized numerous times. First talk to HR and then call around some law offices. For my divorce I went to a lawyer that didn't charge me for a consultation visit. Then they will tell you whether they think you have a case or not.

http://s1170.photobucket.com/u...94505882314115669094

So...I spent 5 hours in the chair...made a good faith effort to comply...now they say its "too bright"...

For crying out loud! There is no way your new color is not considered natural!! Both styles look great, and I think you complied and do not need to do anything else.

Jan

Maybe it is about my illness...

If that is the case, your boss is playing you by telling you that he went to bat for you with HR. Not good!

Jan

Your hair looks fabulous! My daughter's hair is that color naturally so would you like me to send you a picture of her to show them? She also gets blonde highlights sometimes. I hope you are still able to keep selling better than everyone else in spite of this! I hope you find a better job and they will miss your sales. The best revenge is to do better.

Too bright? the handbook does not specify the amount of brightness you can have, only not extreme and not unnatural. It looks like a natural color to me. I think it's time to have a one on one with HR about what exactly they want your hair to look like. You've made your good faith effort to fix the problem and they aren't happy with it, so they need to tell you exactly what they want. I used to work for an unemployment insurance company. if the handbook policy is not clear, you always have to take it up with HR. If your state is a right to work state, they can fire you for anything they want, so best not give them a reason. unnatural is not a clear statement. Brightness is arbitrary. this seems like they might be gunning for you to me.

Sooo.

I was standing in line here (the Netherlands) at the grocery store behind a woman in her 60's and thinking to myself how the fashion has gone more purple this year when the irony hit me and I burst out laughing. Garnered a few looks...

Let me explain: the fashion here for women over about 50/55 is to get their hair cut short or in a buzz-mohawk and dye it some random shade of red or orange. And I'm talking from highway worker orange to fushia to fire engine red and everything in between. This year I'm seeing more purple: lilac, royal purple, purplish-black.

Anyhow, it made me think of your hair predicament. Just silly! What is "unnatural" anyway?

Oh, and I'll chime in on your current colour as well: same as my daughter's, completely natural (i.e. not coloured). Maybe all of us should send pics to prove the "naturalness" of the shade?

Gin

I used a toner on it and now it is just a light red with butterscotch highlights...if the highlights were any darker, they'd be lowlights lol. I'm done...they can take it or leave it. There is no way it can be on my job performance...I am still in first place at the store and in the district, I lost my first place ranking in the region when I was hospitalized for 5 days.

I'm sure whatever color it is you are still beautiful. Sorry you had to do it. If they still don't like it I'm afraid they are out of luck as your hair can only take so much torture before falling out!

Good thing I don't know their name as I'd be boycotting the establishment. Not that I go there but you know what I mean, I might know people who know people......

I'm glad this has not affected your income.