Can we ask our employee to change the color of their bright pink hair to a more natural hue or tone down the color?

While changing hair color to a “crazy” color is increasingly popular, it isn’t always a protected practice in the workplace. Employers are still free to mandate that employees maintain a business-like appearance.

Nevertheless, a policy banning an unnatural hair color should take into consideration the job the employee is performing. If you have an employee working in a warehouse with no contact with the public, it might be acceptable for them to change their hair to a “crazy” color. However, if an employee is greeting the public and is the first person guests encounter, a more business-like appearance is a realistic requirement of the job.

Additionally, an employer must not take action if the change in hair color is related to a religious practice. Although few such practices, if any, appear to be on record, caution should be used before mandating a change.

Certain styles, however, are protected if tied to race or culture. For example, many people wear their hair in dreadlocks, which is culturally-based. Hair length also can be protected, as with Nazirites whose religion forbids them to cut their hair.

You also need to be cautious that you are not imposing different standards on men versus women because such different treatment may be viewed as sex or gender discrimination, or violate gender identity or gender expression protections. Employees must be allowed to dress consistent with their gender identity or gender expression.

Employers need to be cautious in today’s world when addressing grooming standards. “Neat and clean” is good, and leaves the employer free to address individual cases that come up as opposed to having a standard that is discriminatory on its face. Always be sure to apply your dress codes evenly.

You can find more information on Religion and Dress Standards in the HR Library.