But is this legal? Let’s pretend, for example, that Aiden is a delivery driver who recently showed up to work with blue hair. Aiden’s employer immediately told him he had to dye his hair back to its normal brown or he would be terminated because Aiden is in a client-facing role and represents the company.
Now, Aiden isn’t sure whether his boss has the legal right to fire him for his self-expression, and he doesn’t want to change his hair color back just to make the company happy. So, does Aiden have to listen to his boss or risk ending up on the unemployment line?
Can you get fired for dyeing your hair?
Unfortunately for Aiden, it may be time to break out the brown hair dye, as his boss probably can move forward with terminating him if he doesn’t.
“The law gives employers broad control over workplace appearance standards, especially for client-facing roles like delivery drivers,” Samuel P. Nielson, founder and lead attorney at Elite Employment Law, told Moneywise. “When workers represent the brand in public and interact directly with customers, a business can legally require a conventional look, including a ban on unnatural hair colors like blue.”
Aaron Hall, attorney for business owners, explained the key problem for Aiden. “Hair color is not a protected characteristic under federal law, and most American workers are employed at will, which means an employer can set a grooming standard and let someone go for refusing to meet it.”
“At-will employment” actually means an employee can be fired for any reason, or no reason at all, so Aiden’s employer is in a strong position if it fires him. That’s especially true because, as Hall explained, the freedom of expression protections in the First Amendment do nothing to protect Aiden’s right to dye his hair since they apply to the government restricting expression.
Are there any restrictions on getting fired for your hair color?
Now, there are some exceptions to the rule that employers can fire you for any reason. Civil rights laws prohibit companies from firing you because of your “protected status.” This means they can’t fire you based on things like race, religion, sex, sexual orientation, or disability.
“Problems arise when grooming rules clash with civil rights laws,” said Nielson. “If that blue hair ties to a sincerely held religious practice or gender expression, for example, the termination becomes illegal.”
However, in order for that to be the case here, Aiden would have to argue that his blue hair somehow makes him a member of a protected class. And that’s not likely to be a successful argument, according to Hall.
