Many workers take pride in wearing hairstyles that reflect their cultural heritage, racial identity or personal expression. Unfortunately, some employees still face workplace scrutiny, discipline or even termination because of their appearance.
Can an employer in Texas fire someone for wearing an ethnic hairstyle?
The details of a particular situation govern the legality of hair-related termination
Employees may enjoy legal protections when workplace policies or disciplinary actions are tied to race or ethnic characteristics, although this is not always the case. Federal anti-discrimination laws generally prohibit employers from making employment decisions based on race, color or national origin. In some situations, policies targeting certain hairstyles may disproportionately affect employees from particular racial or ethnic groups.
Ethnic hairstyles can include styles such as braids, twists, locs, Bantu knots, afros and other hair textures or grooming practices closely associated with racial or cultural identity. While some employers attempt to justify restrictions by citing professionalism or appearance standards, courts and enforcement agencies increasingly recognize that such policies may inspire discriminatory effects.
Employers may enforce certain grooming and safety requirements when they are applied consistently and are based on legitimate business needs. For example, workplaces that require hair restraints for sanitation or safety reasons may generally impose those rules on all employees regardless of race or ethnicity. Problems arise when policies are selectively enforced or disproportionately target specific groups.
Although Texas does not currently have a statewide version of the CROWN Act, which expressly prohibits discrimination based on hair texture and protective hairstyles in some states, employees may still have legal claims under federal employment discrimination laws. Why? Because no employee should be forced to choose between their livelihood and their cultural identity.
