HR A close shave with the law

After the overwhelmingly positive reception my last blog, Discrimination on Physical Appearance received a couple of weeks ago, I thought it only fair to follow this up with a more male related chat. After International Women’s Day and Mothers’ Day (in the UK), I felt it only balanced to have a little look into whether managers and HR bods have any brand standards when it comes to facial hair.

Similar to tattoos, hairstyles and piercings, facial hair is not covered by any form of legal legislation allowing employers and hiring managers to either refuse applicants or highlight the companies standards.

 

Discrimination

Is there such a thin line between an individual choosing to grow fashionable stubble or a beard, and others having distinct facial hair relating to personal beliefs and religion? If a candidate for a job is refused on the grounds of facial hair which is, in fact, a part of their beliefs, this will be perceived as discrimination.

In 2006, employees of company Green Four Security were dismissed when they refused to shave off their beards. The companies policy clearly stated under the dress-code that they are trimmed or clean shaven. The employees claimed unfair dismissal on the grounds of discrimination by religious beliefs. They claimed they belonged to the Baptised Nazareth Group, which, they submitted, did not allow them to trim their beards. Indirect discrimination could be argued from the company’s policy on being clean shaven, and the complainants would have a plausible case.

Consequently, the court found that the dismissed employees failed to prove that cutting of beards was a central tenet of their religion and well as being selective about which religious rules they chose to follow (they worked on Sundays). However, it should be highlighted that employers shouldn’t think they will always win a case on religious discrimination and should always seek legal advice before acting.

 

The Debate

This may be something an employee seeking a job has not even considered. Why is there a discussion on facial hair which surely in a personal choice and expression of one’s identity? An employer however when seeking for applicants will simply have how they want their company to be represented and what is important for them to achieve top performance and of course bottom line.

In my previous work, it was clearly highlighted in the companies’ brand standards that men were not permitted to wear jewellery (bar wedding/religious items) and must be clean shaven or have a trimmed beard which was to be grown on annual leave as shaved faces were not permitted.

Employers should always have a clear and straight forward dress code and brand standard. It could be argued that a financial service business would prefer a cleaner shaven professional potentially believing clients will respond better to this. This is what the international company I worked for considered, and upon employment, employees would sign a policy handbook agreeing to these rigid rules. On the other hand, I worked in HR in the services sector where 3 of the directors of the company had dreadlocks, head to toe in tattoos and piercings.

From an employee point of view, I agree that physical appearance is one’s choice and expression of personality. I would, however, always suggest doing the relevant research on the company you are interviewing for so personal decisions (or fads/phases) regarding physical appearance do not affect your chances of getting the job you want. A company’s policies and culture will not change because you fancy a sole patch. Here a recruiter can help as they will coach you on this area honestly and not be afraid to say what a private person might think.

 

Stereotyping and judgments

Taking this one step further, an employer may make decisions on a candidate with a beard vs. clean shaven. A man walks into an interview with a long and ungroomed beard. Does this give the employer the impression they are lazy and not willing to conform to conservative business values? High-level positions such as Directors and Managers also tend to be clean shaven giving the impression the bearded candidate is already limiting himself to not being able to progress within the company.

This ideology is one of the beholders, however, and I would like to think hiring managers and HRMs are looking at the skills of a candidate rather than one’s appearance, but is this a realistic ideology or simply that of a naïve daydreamer?

When looking at interviewing there is no point in coming from a self-righteous perspective because we are in a world where books are judged by their covers. As an interview is a platform for a candidate to sell themselves through the art of persuasion, it would be foolish not to consider the company, culture and individual who is conducting the interview.

Research and preparation are key to succeeding in an interview. However, skill and how one demonstrates their skills is essential and should not be diminished through the focus on physical appearance. I’m sure we would all agree that the Abraham Lincolns, Karl Marx’ and Charles Darwin’s of the interviewing world would not be struggling to find a job.