For a better experience, click the Compatibility Mode icon above to turn off Compatibility Mode, which is only for viewing older websites.

The Disparate Impact of Clean-Shave Policies on Black Men

Abstract

Employers’ clean-shave policies are overburdensome, inflexible, and harmful to black men suffering from pseudofolliculitis barbae (PFB), so these men need accessible shaving exemptions and employer-provided treatment, protection from harassment and retaliation in workplace because of their shaving exemption, and—if the preceding measures fail—adequate means of legal redress under the Civil Rights Act of 1991. This Article will examine PFB and its negative impact on black men in the workplace. The convergence of historical racial discrimination and methods of exclusionary professionalism has enabled the rise of employer practices that fail to properly account for the unique grooming problems of black men. PFB is a disease afflicting up to 85% of black men, caused by the growth of curved hair follicles following a close skin-shave. A close shave for someone with PFB results in “shaving bumps,” or papules and pustules in the neck, chin, and sometimes cheeks. Continual shaving by someone with PFB can lead to irreversible and cosmetically bothersome damage to the skin, including scarring, keloid formation, hyperpigmentation, and secondary infection. The current United States legal regime enables employers to enforce clean shave policies and impose unduly burdensome, harmful, and unnecessary requirements on PFB victims. To remedy this injustice, employers, policymakers, and lawyers must reconsider the employment practices, laws, and legal standards that inflict this harm upon black men.