An African-American man in California is suing his former employer, alleging that the corporate denied him a job as a result of he refused to chop his dreadlocks.
Jeffrey Thornton of San Diego filed the discrimination lawsuit final week in a state court docket. Within the lawsuit, Thornton’s lawyer, Adam Kent, accuses occasion planning firm Encore International of denying his shopper a job as a technical supervisor. An unnamed hiring supervisor at Encore advised Thornton that he wanted to first trim his locks off his ears, eyes and shoulders to land the gig, court docket paperwork state.
“In order to take the job, Mr. Thornton would have to materially alter his hairstyle, and thus his appearance, cultural identity and racial heritage,” in keeping with the lawsuit.
Encore relies in Illinois however the firm has an workplace in San Diego, which is the place Thornton utilized to work final month. Thornton labored for the corporate for 4 years in Florida earlier than being furloughed in March 2020 as a result of coronavirus pandemic, the lawsuit states.
Encore mentioned in an announcement that Thornton misunderstood what the supervisor mentioned and that he’s welcome to rejoin the corporate.
“We regret any miscommunication with Mr. Thornton regarding our standard grooming policies — which he appears to fully meet and we have made him an offer of employment,” Encore mentioned in an emailed assertion, including that firm officers are “reviewing our grooming policies to avoid potential miscommunications in the future.”
Thornton’s lawsuit additionally accuses Encore of getting a private look coverage that discriminates in opposition to Black individuals. He’s suing the corporate for an undetermined quantity of compensatory damages.
First case to quote CROWN Act
The Thornton case marks the primary time somebody has accused an employer of violating California’s CROWN Act for the reason that laws took impact in January 2020. Whereas there have been lawsuits centered on hair discrimination earlier than that, the Thornton case particularly invokes the CROWN Act, specialists famous.
The CROWN Act bans corporations from discriminating in opposition to workers or job candidates primarily based on natural hairstyles, together with afros, Bantu knots, braids and cornrows. California grew to become the primary state to ban discrimination in opposition to natural hair in workplaces. A dozen extra states, together with New Jersey, New York and Virginia, now have related laws. The regulation attracts from a long time of Black workers sharing tales of being denied employment or shunned at work for sporting natural hairstyles.
Thornton is a Florida native who handles audio and visible wants for conferences inside lodges. He advised CBS MoneyWatch that he began rising his locks in 2019 and that they are now 5 1/2 inches lengthy.
“There was no problem with me growing my hair out there,” Thornton mentioned about his time working for Encore in Florida.
Thornton mentioned he moved to San Diego final 12 months in hopes of driving out the coronavirus pandemic and touchdown a greater job in “the number one, or perhaps number two, market in the nation” for lodge conferences.
Making an attempt to shift focus from look
Thornton mentioned he was stunned to listen to a supervisor inform him the locks have been a problem as a result of he thought California was extra laid again than different states. Thornton mentioned he has been doing audiovisual work as a freelancer for the reason that Encore incident. Thornton mentioned he has obtained Encore’s job provide however hasn’t determined whether or not to just accept.
Encore made “a clear violation” of the CROWN Act, if what Thornton described within the lawsuit seems to be true, mentioned Drexel College regulation professor Wendy Greene, who helped craft California’s CROWN Act.
In court docket, Thornton would possible argue that the size of his hair would have had nothing to do with how nicely he may carry out his work duties, Greene mentioned. If Encore have been to argue that it was simply attempting to make Thornton conform to firm look insurance policies, then that “signals that locks aren’t neat or clean or professional,” she mentioned.
“The goal of the CROWN Act is not to compel someone to cut off their hair,” Greene mentioned. “We’re trying to get [employers] not to worry about what’s on top of the head and focus on what’s inside the head and all the gifts and talents that flow from that.”
