Can an organization enact a hair length policy just to make me cut my hair?

[Blastradius]

I have been a volunteer firefighter for about five years now and am currently certified and all that, but I have been growing my hair out for the past year and halfish and our chief has been urging me to get it cut. I keep telling them that It's my hair and it doesn't present any safety issues because I keep it pulled back when we are on calls. Then today he tells me that he is going to put in a new policy for hair lengths, and just a side note his wife just got certified and joined two weeks ago and he isn't planning on making her get a cut. Also before she joined I was the only one in the department with long hair. So the whole issue is they are trying to make a new policy just to force me to cut my hair, and that just seems wrong. Any advice on how to handle this would be appreciated.
Also they don't know why I am growing my hair out.

[LordKAT]

Sex discrimination is illegal, if you have to have short hair, so does she.

[musicofthenight]

(Assuming US, dunno about other countries.)

If you're paid for your service on-call, you have Equal Opportunity employment rights.  I would start with a gentle reminder.  If you're not willing to be out yet, a seemingly joking "maybe I'll argue that I'm transgender" might be called for.

Yes, an employer can require you to cut your hair if long hair impacts your work performance or safety.  It is not legal to use hair length to discriminate by gender or against religious practices or anything like that.  Basically, the work policies have to be reasonable.  (e.g.  If you were an actor playing a short-haired character, no luck.)


The wrinkle is if you're an independent contractor (no withholding, you pay your own taxes) you don't have the same protection that an employee would.  (I am not a lawyer, but if you can only, reasonably, work for one VFD that strongly argues that you are an employee.  You don't have the option of selling your services elsewhere, thus you are entitled to employee status.)

This may have tax implications.  Which sucks, but that's America for you.  Employees misclassified as ICs are common here, especially in on-call or itinerant positions. 

[Blastradius]

Thanks for all the advice, I also called my uncal who is a lawyer and he said that volunteer organizations should have the same anti-discrimination laws as any other company. I think the first thing I will bring to his attention is the discrimination, then I can always try going over his head to the board of directors. 

[MaidofOrleans]

There seems to be a cultural issue with men and long hair. Everyone at work would tell me to cut my hair almost every day. After I came out they all stopped and some even apologized for giving me a hard time because they "didn't know what I was going through"

[Jamie D]

Generally speaking, in private industry, a company can set reasonable hair regulations that differ between the sexes.  They can not set hair regulations that would violate an employee's religious principles (for instance, to cause a Muslim man to shave facial hair).

If a union is in place, then the negotiated union work rules and grievance process control this issue.  If you are a County or City employee, you should seek guidance in the Employee Handbook, and whatever grievance process exists.

If the regulation has not been in place, and there exists no rational reason for enacting it, other than to harass you, that might be cause for a grievance.

I think you should take up the issue with whoever administratively oversees the person proposing the regulation.  You could also out yourself, but in your state other protections do not exist.

If your uncle will support you, you can try a negotiation, with the implicit threat of legal action based on sex discrimination.  They may decide your hair length is not worth the expense.  If they take an adverse employee action because you fought for your rights, they are breaking the law.

I am a little surprised that the department is allowing nepotism though.

[Ltl89]

Generally speaking, in private industry, a company can set reasonable hair regulations that differ between the sexes.  They can not set hair regulations that would violate an employee's religious principles (for instance, to cause a Muslim man to shave facial hair).

If a union is in place, then the negotiated union work rules and grievance process control this issue.  If you are a County or City employee, you should seek guidance in the Employee Handbook, and whatever grievance process exists.

If the regulation has not been in place, and there exists no rational reason for enacting it, other than to harass you, that might be cause for a grievance.

I think you should take up the issue with whoever administratively oversees the person proposing the regulation.  You could also out yourself, but in your state other protections do not exist.

If your uncle will support you, you can try a negotiation, with the implicit threat of legal action based on sex discrimination.  They may decide your hair length is not worth the expense.  If they take an adverse employee action because you fought for your rights, they are breaking the law.

This. 

They are allowed to have distinct dress code policies for males and females.  Doing so does not equal sex discrimination.  However, if they had a dress code policy for men, but they only enforced it with you and not "other males", then you would have a case as they would be singling you out. 

One thing to take note is whether or not they are creating the policy because of you.  If you are the sole reason they are changing it, then you may have an argument; however, proving that wouldn't be easy as many places have a hair requirements in their dress code policy.  It's stupid and I hate this sort of narrow minded view, but that's how a lot of places operate.   

[LordKAT]

I'm wondering if that can be reopened as the norm is not the same as it was in the 70's when they ruled on it.

[Danielle Emmalee]

My last job had a note in the dress code policy that skirt or pants are allowed but it didn't specify gender.  Wish I would've tested that before leaving.

[Lyric]

I'm no expert, but I suspect the only recourse you could do would be to come out as transgendered and contact the local press with the story. This might draw undesired public attention to their policy and result in changing it for you. Of course, this means taking a big step sooner that you were probably putting off until later.

The hard truth seems to be that for many TG people a "stealth" approach really doesn't work.

[Blastradius]

The hard truth seems to be that for many TG people a "stealth" approach really doesn't work.

Thats kinda what I have been worried about because I haven't even come out to my parents, much less the guys at the station (I can just about guarantee that they wouldn't support me lol.) I am also going to do everything in my power to start hrt before I turn 21 in January, so I may end up leaving the department so I can find a part-time job that pays money. I just really hate to give up on something that I have put so much time and effort into, and that I really love doing.

[Lyric]

That's a total bummer, all right-- to feel the need to choose between being yourself or keeping a job you love. If you're thinking of leaving I suppose you won't have anything to loose by discussing the situation with your employers. You can tell them you are who you are and you love the job, but your about to go through a transition and if they won't let you be yourself, you'll have to leave. I'd certainly try to keep you, but who knows. If they want to let you go for being transgender, it's on them then.

[Jess42]

Volunteer firefighter? You volunteer your time without monetary compensation in order to hopefully save people's homes and lives. Then they want to give you a hard time about your looks? Personally, I would tell them off and pickup my "toys" and go home. If it's not a safety hazard, in which I don't guess women have to be safe in your situation, it is more or less someone trying to dictate what their opinion is of how you should look under the guise of a "dress code". Personally I don't think people should have any right to tell another how they should dress or look as long as it's not unappropriate. Safety? Actually how unsafe is it for a man to have long hair while women can at certain jobs. Men and women should have the same requirements when it comes to hair at least.

[Jayne]

I don't know the law in the US about this so i'll sidestep that issue & leave it to those on here who are better educated.

If I was in your shoes then i'd ask the relative about any laws that may help, then i'd either go to the person suggesting these rules or go over their head to a superior (is there an HR department?)
I would tell them that I was trans & as that is personal medical information I expect them to keep it confidential, I would then ask them to clarify why long hair is considered a safety issue & after they had given their explanation I would ask why that doesn't apply to women & listen to them bumble through some hastily made up excuse.
At that point i'd mention any relevant discrimination laws & the fact I have a relative who is in the legal proffession, if this didn't make them reconsider their stance then i'd add that it would be very bad publicity if this obvious discrimination made it to the press. It doesn't sound like they're playing fair so why should you?

My last employer forced me out & I didn't fight them as I hated the job but if it was a job I loved then i'd fight tooth & nail to keep it, you've already suggested that you are considering leaving the job so once you reach that point you should ask yourself "what have I got to lose?"

Whatever the outcome I wish you the best in this looming battle

[Jess42]

I don't know the law in the US about this so i'll sidestep that issue & leave it to those on here who are better educated.

If I was in your shoes then i'd ask the relative about any laws that may help, then i'd either go to the person suggesting these rules or go over their head to a superior (is there an HR department?)
I would tell them that I was trans & as that is personal medical information I expect them to keep it confidential, I would then ask them to clarify why long hair is considered a safety issue & after they had given their explanation I would ask why that doesn't apply to women & listen to them bumble through some hastily made up excuse.
At that point i'd mention any relevant discrimination laws & the fact I have a relative who is in the legal proffession, if this didn't make them reconsider their stance then i'd add that it would be very bad publicity if this obvious discrimination made it to the press. It doesn't sound like they're playing fair so why should you?

My last employer forced me out & I didn't fight them as I hated the job but if it was a job I loved then i'd fight tooth & nail to keep it, you've already suggested that you are considering leaving the job so once you reach that point you should ask yourself "what have I got to lose?"

Whatever the outcome I wish you the best in this looming battle

Well, I can comment somewhat about the laws over here and when it comes to "dress codes" pretty much whatever a corporate entity decides to dictate is alright unless it goes against OSHA rules, another joke in my opinion anyway.

Usually when the job is more desirable, the more BS in the way of rules an employee has to bow down to. The less desirable, the more leeway an employee has. Monetary compensation aside though because some of these least desirable jobs pay more. Unfortunately in society men are supposed to have short hair. If not, I suppose they are percieved as weak ( someone in the bible should have told Samson he was actually stronger without his locks after Delilah cut it ) or a rebellous non conformist such as the barbarians in the time of the roman empire. Yes I am guilty of the latter but get the job done and a lot of times safer and quicker than my short haired counterparts. I just happen to question so called authority because of my perceptions of stupidity and they don't like that.

Psychologically the act of forced haircutting is an act of dominance. To the one in which the hair is cut is an act of submissiveness. This is prevailent throughout world history. The Roman empire, slavery, imprisonment and so on. The exceptions would be for religious reasons and the shedding of vanity and worldly expression. Cutting hair and having hair cut in dreams is symbolic of dominance and submissiveness so it is embedded in our subconscious. Same way with clothing and the control over how someone dresses.

Having your haircut the way you want means nothing but someone telling you to cut your hair, whether through so called safety mumbo jumbo or dress code policies subconsciously reinforces their feeling of dominance and or control over you. Don't get me wrong because it is subconscious and they really have no clue of what it means, but society has been conditioned this way for mellenia. Unfortunately this probably isn't going to change anytime soon.

Maybe I just look to much into things but then again maybe not either. I can tell you though, if you are going to present as male and remain stealth and wear long hair, be prepared for discrimination and job refusals in the "real world" because you do not fit the mold. You can open up and come out and possibly get some sort of get some relief but that opens up another can of worms. There is really not much you can do to fight it because societal norms are on their side. I know, I've tried and all I got was a headache from banging my head against the proverbial brick wall.

[Blastradius]

So just to let y'all know I asked the chief's wife how she felt about the new hair policy, just out of curiosity, and she just goes "what policy"? So I explained what chief had talked to me about. I just kinda implied that it would have to be a unisex policy to work and after I talked to her about that chief dropped the issue. And thanks again for the great advice it was all super helpful!

[Lyric]

 

When in doubt, go over the bosses head! 

[Jamie D]

LOL - went to the boss's boss!

[Taka]

So just to let y'all know I asked the chief's wife how she felt about the new hair policy, just out of curiosity, and she just goes "what policy"? So I explained what chief had talked to me about. I just kinda implied that it would have to be a unisex policy to work and after I talked to her about that chief dropped the issue. And thanks again for the great advice it was all super helpful!

great!
that's how a woman solves her problems. she talks to another woman.
your chief has a good wife.