Legal Question in Employment Law in California

I dyed my hair came to work and was forced to BUY and wear a work hat. I was told that it was against the handbook but the company doesn't follow all the rules in the handbook to a tee. There also is another employee that has their hair dyed and is not forced to wear a hat. Can I sue them for discrimination?


Asked on 1/14/13, 4:55 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

If you cannot prove that the action was based on your sex, race, religion, or other status classified in the law, you have no claim for discrimination.

Without knowing more facts, it is not possible to advise you as to whether you might have a claim for something like breach of your employment contract. It also is not possible to advise you whether your employer has impermissibly shifted the cost of part of a "uniform" onto you. If you feel strongly about it, you should consult with a employee-side labor lawyer about this.

Best of luck to you.

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Answered on 1/14/13, 11:43 pm
Terry A. Nelson Nelson & Lawless

Can I sue them for discrimination?

No.

Your choice of appearance, dress, attitude, speech, behavior, etc. is not part of an 'immutable characteristic outside your control', such as race, age, sex.

Employers are free to impose such standards to establish a corporate 'personality'. If you don't like them, you can always seek other employment.

You need to learn that not only are there no laws against strict or poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice.

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Answered on 1/15/13, 2:49 pm


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