Shastrix
December 2nd, 2009, 01:14 PM
This topic concerns the UK in particular, but those from other parts are welcome to contribute. :)
In the UK we have link removed where people can petition the Prime Minister/Government on various issues. An example of a link removed that got a response was one calling for an apology for the persecution and prosecution of Alan Turing. I am currently toying with the idea of creating a petition to modify employment law to prevent company dress codes from prohibiting long hair on men.
It seems surprising to me what employers can get away with in terms of their dress code. Whilst requirements for women to wear makeup or a skirt, or men to wear a tie only impinge on one’s freedom of expression in the work environment, limiting hair length or style affects the person when they are not working.
The case that always seems to pop up that supports the current situation and thwart any appeals is link removed and the link removed. The decision in this case was that prohibiting male ponytails did not constitute less favourable treatment of men because women were expected to adhere to the same, but different, standard of “conventional appearance” and that these conventions should be considered as a whole, not item by item (i.e. women have to wear skirts, but men have to wear ties).
I am not a lawyer but I think the best way to argue against this is simply to state that conventions change. In the 1970s it was ruled that making women wear skirts was not sexual discrimination; women now frequently wear trouser suits and I believe if someone challenged that ruling today they would win. Women also commonly wear their hair short, and men are more frequently wearing their hair long, so I think the same logic applies. I’m not only talking about men with waist length or longer, many common hair styles would fall foul of the outmoded “not below the collar” requirement some companies have in place. Whose place is it to then decide if “a little shaggy” is acceptable, but shoulder-length is out of the question?
I’m not au fait with legalese and I haven’t searched too deeply, but I’ve only come across one person, Mark Pell, who won an employment tribunal in 2000 when his interview was prematurely terminated when he replied “no” when asked if he’d cut off his 38 cm (15 inch) ponytail if he got the job.
The government is currently working on link removed that aims to consolidate many related acts and regulations (e.g. the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, and the Equality Act 2006) into a single simplified bill; now therefore seems a good time to raise the issue.
The point of this topic is to therefore ask for input from the LHC. Perhaps you are a lawyer, or have organised and submitted a petition before? Maybe you have experienced workplace discrimination or have ended up going to court? Or maybe you can contribute in other ways or have advice on how I can write a summary of the situation. :D
In the UK we have link removed where people can petition the Prime Minister/Government on various issues. An example of a link removed that got a response was one calling for an apology for the persecution and prosecution of Alan Turing. I am currently toying with the idea of creating a petition to modify employment law to prevent company dress codes from prohibiting long hair on men.
It seems surprising to me what employers can get away with in terms of their dress code. Whilst requirements for women to wear makeup or a skirt, or men to wear a tie only impinge on one’s freedom of expression in the work environment, limiting hair length or style affects the person when they are not working.
The case that always seems to pop up that supports the current situation and thwart any appeals is link removed and the link removed. The decision in this case was that prohibiting male ponytails did not constitute less favourable treatment of men because women were expected to adhere to the same, but different, standard of “conventional appearance” and that these conventions should be considered as a whole, not item by item (i.e. women have to wear skirts, but men have to wear ties).
I am not a lawyer but I think the best way to argue against this is simply to state that conventions change. In the 1970s it was ruled that making women wear skirts was not sexual discrimination; women now frequently wear trouser suits and I believe if someone challenged that ruling today they would win. Women also commonly wear their hair short, and men are more frequently wearing their hair long, so I think the same logic applies. I’m not only talking about men with waist length or longer, many common hair styles would fall foul of the outmoded “not below the collar” requirement some companies have in place. Whose place is it to then decide if “a little shaggy” is acceptable, but shoulder-length is out of the question?
I’m not au fait with legalese and I haven’t searched too deeply, but I’ve only come across one person, Mark Pell, who won an employment tribunal in 2000 when his interview was prematurely terminated when he replied “no” when asked if he’d cut off his 38 cm (15 inch) ponytail if he got the job.
The government is currently working on link removed that aims to consolidate many related acts and regulations (e.g. the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, and the Equality Act 2006) into a single simplified bill; now therefore seems a good time to raise the issue.
The point of this topic is to therefore ask for input from the LHC. Perhaps you are a lawyer, or have organised and submitted a petition before? Maybe you have experienced workplace discrimination or have ended up going to court? Or maybe you can contribute in other ways or have advice on how I can write a summary of the situation. :D