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Is this sexual discrimination?


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Hi everyone,

 

I have one quick question about a friend of mine. He has long hair, there is a rule in place at his school saying that boys are not allowed long hair. I have a feeling that he is going to get into trouble if he doesn't get it cut.

 

I was wondering if it could be classed as sexual discrimination because the girls at his school are allowed long hair but the boys are not.

 

abcd1234

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it all depends on if its a private school if its a private school they can have a dress code like that and it is sexual descrimination but i dont think that matters to them i mean disney land doesnt let male employees have long hair or mustaches which i find fascist but thats off topic maybe it is illegal for the school to do that.im gonna check if its legal or not right now

-stitches

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Discrimination

 

 

Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age. In the context of employment, discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment.

 

 

so yes i think it is illegal because getting him thrown out of school would be harrasment

-stitches

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Actually it isn't illegal, at least if he lives in california. When you go to school in california, the school assumes the same authority as a legal guardian. So it would be like saying it is illegal to have your parents make you cut your hair. Plus, since we haven't been emancipated if you are under 18, we don't have very many rights at all. Children are possesions until they turn 18. Well, this is the law in california, and it could be the same in other states, I have no idea. Since your question is whether it was discrimination, it most certainly is, but of whether it is illegal or not is up to question. Before you have him do anything drastic, remember, the school can do anything to your grades it wants, regardless of whteher you earned them or not. So he could be in more trouble than you thought if he starts a "revolution" because of sexual discrimination. It is an (expletive deleted)ing stupid rule, but thats how the USA school system works. Sorry.

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Also when you sign up in a school, your also agreeing to certain rules, dress codes etc.

 

Frankly, i don't see why hair length should be a issue in schools. its not offensive nor does it distract others etc.

 

private schools can have any dress code they want.

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I'm thinking it might be classified as discrimination, but certainly not sexual discrimination. I say this because, as some pointed out, schools generally have SOME form of a dress code, and if it's a private school, it's pretty clearly stated that your appearance must be neat and presentable, and long hair on guys (which I certainly have no objection to, but some do, obviously) goes against that code. Girls have it easy in that they can wear their hair pretty much any way they want. But think of it this way.......a girl who comes to his school with a flaming orange mohawk would be "discriminated" against just as much as he would. It's not discrimination, it's more upkeep of presentability! It all depends on what the school rules say, bottom line. If there's a specific rule about hair length/acceptability, etc., then he has to follow that. If not, he may have a battle ahead of him regardless, but he may also win that battle.

 

Mar

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I think you have more of a case with freedom of speech. Check the Supreme Court case Tinker V. Des Moines... The students wore black armbands and got in trouble for it... black armbands were for protest and the Supreme Court upheld their right to protest...

 

Make the long hair a specific protest

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hey

i think in some ways it is discrimination, i dont think that it is right for a guy not to be allowed longer hair, there are loads of guys in my old school (i just left) who had longer hair than most of the girls. i do think it is wrong because its like says a girls not allowed shorter hair because its too much like lad, it should be up to the individuals own choice as to how long their hair is. but if he is gonna get into trouble then i think he should just wait till the 6 weeks hol and then grow it and then cut it again, or just wait until he finishes school, even though i dont think he should be made to!

 

~LJ =;

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Thanks for all of the replies. I live in the UK and he goes to a public school (comprehensive). I think that Gilgamesh is most probably right in that when you attend you are agreeing to uphold certain rules and policies that the school has.

 

Mar, both our schools seem pretty strict when it comes to appearance so hair length is probably a part of that. He is going to try and find out if this is the case for other schools in the area and ask a few of his teachers what they think and know about it.

 

At the moment i think he has begun to consider having it cut but i think it really wouldnt suit him.

 

Thanks to everyone for answering!

abcd1234

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No, the thing with dress codes and personal adornments and hair styles is completely different in England than in North America. In England, that's done primarily so that there IS no discrimination. For example, based on income level. That's what the school uniforms are all about there. If everybody wears the same clothes, it carries that those less financially able are not seen as any different than those from affluent parents. It is much harder to discriminate based on what is being worn.

 

The same thing in essense can be applied to all things. For example, if there is a certain group within the school that wears a certain coloured bandanna on their heads tends to intimidate certain kids, and have other kids wish to join with that first group. It allows problems to start. In unifying the dress code, it prevents discrimination from starting, it in itself is not discriminatory at all.

 

I can see that the length that a male wishes to wear his hear may be seen as discriminatory, but in the school my friends kids go to, boys must have short hair, and girls with long hair must have it tied mack with a single black or dark scrunchie. It would follow thereforeeee, than in order to be completely equal, were boys allowed to have long hair, they would have to also have it tied back with a single hair band.

 

Dress codes exist all through our society, and the fact they exist I don't think is discriminatory. Would you consider the men's and lady's separate bathrooms as discrimination? My workplace, for example, has a dress code. And if differs depending on what department you are in, and yes, whether you are male or female. I sometimes am tempted to feel it is discriminatory too, as the males are not allowed to wear shorts, but the women are allowed to wear short dresses.

 

If your friend wishes to attempt to change the dress code, which he may well be within his rights to do so, the first thing I would recommend he do is gain the respect of those he must deal with in doing so. It essentially comes down to politics, and to effect a change like that, one must be a good politician.

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Thanks Ash! We have been told that yours is the main reason for uniform - so that nobody can be intimidated and people cant be insulted for their dress sense by others.

 

I agree with your view on discrimination over hair length. Its just that he loves his hair so much. Although girls are allowed to have their hair pretty much whatever length they want it, whether that be long or short, boys are not allowed much choice with theirs - he was told to cut it back to collar-length.

 

The dress code at his school is apparently OK when it comes to what you actually wear, they just like to see you neat. I can see where you are coming from on that point though and i can understand why you would be tempted to feel that way.

 

I dont think he wishes to change the dress code, im pretty sure that he just wants people to be made more aware of it.

 

Thanks again!

abcd1234

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