There are instances in which the charging party will allege discrimination due to other appearance-related issues, such as a male alleging that he was discharged or suspended because he wore colored fingernail polish, or because he wore earrings, etc. The Commission believes that this type of case will be analyzed and treated by the courts in the same manner as the male hair-length cases. That is, the courts will say that the wearing of fingernail polish or earrings is a “mutable” characteristic that the affected male can readily change and therefore there can be no discrimination on the basis of sex under Title VII. The Commission further believes that conciliation of this type of case will be virtually impossible in view of the male hair-length cases. (See Fagan, Dodge, and Willingham, supra, § 619.2(d).) Therefore, when this type of case is received and the charge has been accepted to preserve the charging party’s appeal rights, the charging party is to be given a right to sue notice and his/her case dismissed.

619.8 Get across Recommendations

Government judge conclusion found one to men hair length restrictions perform perhaps not break Label VII. These types of courts have likewise reported that denying your preference getting a particular mode from dress, grooming, or appearance isn’t gender discrimination inside Title VII of Civil-rights Work away from 1964, due to the fact revised. Lanjutkan membaca “From inside the disposing of these situation, another words will be utilized:” →