Eleventh Circuit Provides Helpful Guidance on Distinguishing Racial Versus Cultural Characteristics in Context of Title VII Challenge to Grooming Policy

The U.S. Court of Appeals for the Eleventh Circuit ruled recently that a company’s race-neutral grooming policy, which prohibited certain hairstyles — including dreadlocks — did not violate Title VII’s ban on intentional race discrimination. The decision provides some important guidance on the differences between racial and cultural characteristics in the context of grooming policies.

In rejecting a race discrimination claim brought by an African-American applicant who was denied employment when she refused to cut her dreadlocks, the Eleventh Circuit ruled in Equal Employment Opportunity Commission v. Catastrophe Management Solutions, No. 14-13482 (11th Cir. Sept. 15, 2016), that Title VII’s prohibition against race discrimination is tied to the immutable or unchangeable characteristics of race, such as skin color or hair texture, and not on individual expression or cultural practices tied to race, like the wearing of dreadlocks.

A copy of the Eleventh Circuit’s ruling is available here.

Members of the Equal Employment Advisory Council (EEAC) can read more here.