. This has quickly become one of those battle-fronts-in-the-culture-war stories because it has raised all sorts of issues about discrimination, freedom of association, and practicing religious customs in public spaces.
As I understand it, a Ms. Sarah Desrosiers owns a salon in London called Wedge. In the news story she’s quoted as saying
"I sell image - it's very important - and I would expect a hair stylist to display her hair because I need people to be drawn in off the street," said Ms Desrosiers. "It's the nature and style of my salon that brings people in and someone having their hair covered conflicts with that. If someone came in wearing a baseball hat or a cowboy hat I'd tell them to take it off while they're working. To me, it's absolutely basic that people should be able to see the stylist's hair."
I think the gallery photos on the Wedge web site back her up:




Clearly she’s going for an urban alternative vibe and she does indeed show off her stylists and her stylists’ hair.
Ms. Bushra Noah, pictured below, is suing Ms. Desrosiers for discrimination. In a legal letter sent to the tribunal overseeing the discrimination suit, Ms. Noah claimed that she was discriminated against because of her Muslim custom of wearing a head scarf at all times.

photo credit: The London Standard
Apparently, Ms. Desrosiers conducted her initial interview by phone and offered Ms. Noah a “trial day” at the salon. Ms. Noah apparently made no mention of her headscarf practices in the interview so it wasn't until the trial day that Ms Desrosiers found out about it. Ms. Desrosiers apparently made it clear that the stylists were expected to help sell the image of the shop because they how they appeared helped draw in walk by traffic.
According to her news story, Ms. Noah had applied for approximately 25 hairdresser jobs without success and she is quoted as saying,
“I decided to sue this hairdresser because she upset me the most. I felt so down and got so depressed, I thought if I am not going to defend myself, who is? ... Ever since I was in high school hairdressing is what I wanted to do. It is sad for them to not give me the opportunity. This has ruined my ambitions. Wearing a headscarf is essential to my beliefs.”
There are lots of thorny issues in this case. First of all, is it OK for the salon owner to require the stylists display their hair as part of the image they are trying to create for the shop? Why or why not? And how does that balance against religious customs involving a hair. What if a job applicant was bald? What if a job applicant simply had unwashed/unkempt hair? What if the job applicant was a Hassidic Jew wearing his traditional payot? What if the job applicant was a Rastafarian wearing dreadlocks? What if the applicant was a good ol’ boy who insisted on wearing a John Deer baseball cap every waking hour? Which of these applicants should Ms. Desrosiers be able to reject on the basis of the appearance or lack of appearance of their hair? Does it matter if the customs relating to the applicant’s hair are religiously motivated or not? Does religious practice trump job requirements? Is the appearance of the stylist and the stylists’ hair a legitimate issue for Ms. Desrosiers to make hiring decisions?
Forget hair for a second. Ms Desrosiers claims she is selling an image. Is that legitimate? Is she allowed to create an image for her salon according to her preferences and vision? Can this image she’s striving for include exclusion of people who don’t fit that image? Would it be OK is she had simply said, “The woman just doesn't fit the image I’m striving to achieve?” What if the job applicant had been a Hindu woman who wore bindis on her forehead and other sorts of tilak every day? Would this be a legitimate reason to reject her as a job applicant?
I think that starts to get to the nub of the issue and the reason it makes so many of us uncomfortable. When you start discussing the issue in that way, you begin wandering down a very slippery slope that ends in gender-exclusive clubs, Aryan nationalists, class hierarchies and all sorts of other nasty things.
I think there are two key issues we have to keep in mind regarding this lawsuit.
First of all, the issues of free association, workplace behavior, job requirements, and religious practices all have to be balanced against each other. None of these issues is absolute and takes precedence over the others at all times.
In particular, we've learned over the years that there are times when our participation in public life requires that we curb our religious practices in public. Catholic churches have learned not to ring their bells at all times of the day and instead restrict themselves to a schedule and volume that’s acceptable to their local community. Most employers discourage or even forbid the display of religious symbols when “on company time.” Likewise there are issues which employers have seen that it’s good to accommodate employee’s religious practices when possible.
In order for people of many faiths to coexist and live together peacefully, these sorts of restrictions and accommodations have to be made. We work these out one case at a time and build up a body of case law and customs and acceptable practices over time. There’s nothing wrong with that. And letting freedom of association, or business requirement trump religious custom in one case is not automatically going to turn us into evil bigots. True, we have to be constantly vigilant against that danger and we have to have a good healthy debate and dialog over the evolution of our customs to make sure we don’t go too far. But it’s OK to let other issues trump religious practices sometimes.
Likewise, believe it or not, the concept of free association isn't entirely dead. No one owes Ms. Noah a job. Ms. Desrosiers certainly doesn’t owe Ms. Noah a job. Over the years we've been very careful to not allow discrimination and exclusivity based on a variety of issues. Everyone can recite these by memory. And one of these is religion.
So the question becomes, if you claim that a religious custom is interfering with the image you are striving for in the workplace, does that constitute discrimination? As I understand this particular case, the claim is not that Ms. Desrosiers rejected Ms. Noah because she is a Muslim, but because her religious custom interferes with the plans she has for her business. She seemed to be willing to give Ms. Noah a trial period if she was willing to remove her headscarf. So is it discrimination or not
This leads me to the second important lesson from this case. Given that there are going to be cases in which workplace custom, free association, and other factors are going to trump religious custom, it’s important that all religions be treated equally. If we decide that Ms. Desrosiers we indeed guilty of discrimination, then must she also accept Hassidic Jews, Rastafarians, and Hindus as well? I would say the answer is yes. You can’t favor one religion’s customs over another. You codify into law special treatment for Muslim customs, Christian customs, or any other religion. So when we look at this particular case, we have to set aside the fact that the particular religion involved in this case is Islam and look at it in a broad sense regarding all religious customs as they conflict with the salon’s image.
In this particular case, I tend to side with Ms. Desrosiers. I think she has voiced counter-balancing interests and business issues that are sufficient to justify her exclusion of Ms. Noah because she wouldn't display her hair. I'm sorry that Ms. Noah's ambitions suffered as a result of being rejected for 25 jobs. But her ambitions do not trump Ms. Desrosiers' ambitions which would almost certainly be equally destroyed if she were forced to hire people against her will. If the job in question were a more a mundane field, such as accounting, I'd be a lot more sceptical. It’s interesting to turn the issue around. Suppose business wanted to cater to devout Muslims and therefore wanted all its female employees to adopt the modest dress requirements. Would we want to force that business to hire a woman that didn't want to adopt the headscarf requirements? I wouldn't, for exactly the same reasons I side with Ms. Desrosiers in this one.