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Black California job applicant sues company for hair discrimination

This week, Jeffrey Thornton filed a lawsuit against Encore Group, LLC, claiming that the company denied his employment when he refused to cut the hair he was wearing at locs.

Thornton’s complaint claims the San Diego office for the company violated the state’s CROWN Act, which prohibits employers from withholding employment based on discrimination against a protected applicant’s hairstyle. .

According to the lawsuit, when Thornton interviewed for a technical supervisor position on November 1, an Encore hiring manager informed him that he would have to adhere to appearance policies if he wanted the job. . That means cutting his hair so it doesn’t have ears, eyes, and shoulders and the company won’t let him just tie his hair back.

“To take up the job, Mr. Thornton would have to significantly alter his hairstyle, and therefore his appearance, cultural identity and racial heritage,” the suit said. The lawsuit calls Encore’s policy “racist” because it targets hairstyles associated with race, especially Black employees.

Encore Global released a statement this week saying there was a “misunderstanding” with Thornton and a job offer was still on the table for him.

“Maintaining a diverse and inclusive workplace where everyone feels full of belonging and feels empowered to reach their potential is a core value of our business.” the statement said. “These values ​​are key to driving innovation, collaboration, and driving better outcomes for the team members, customers, and communities we serve.

“We regret any miscommunication with Mr Thornton about our standard grooming policies – to which he appears to be fully responsive and we have offered to work for him. We’re constantly looking to learn and improve, and we’re reviewing our grooming policies to avoid possible miscommunication in the future.”

Thornton’s lawsuit is believed to be the first to invoke the state’s CROWN Act, which went into effect January 2020. according to The San Diego Union-Tribune. California was the catalyst for other states to pass similar laws banning discrimination against hair in schools, sports, and the workplace. To date, 13 other states have passed versions of the CROWN Act, according to Pew Charity Foundation.
Hair bias laws are gaining momentum in more states as schools and sports federations face backlash over the policies.
Speaking at a press conference earlier this weekThornton said he was shocked when Encore told him he would have to cut his head because he had previously worked for the company for four years in Florida before being added in March 2020. In 2019, he started hair in a loc, Thornton said. Being forced to cut them for a job is a “contract breaker,” he said.

“I won’t be able to accept sacrificing my disciplinary journey and what it stands for,” Thornton said of his place, which is often tied to cultural identity and racial heritage in the Black community. .

You will have to learn how to do textured hair to get a stylist license in Louisiana

Thornton’s attorney, Adam Kent, said they were not entirely satisfied with Encore’s response.

“While we are pleased that Encore Global has admitted its error in denying my client a job due to his hairstyle, we have yet to receive a formal apology or commitment to change. hair care policies have had a distinct effect on African-Americans,” Kent told CNN. “I plan to interact with Encore further to determine if they’re fulfilling all of the claims that they’ve made. we brought up in our lawsuit or not.”

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