Beards and long hair

Discussion in 'The Archives' started by p_d_quick, Nov 16, 2003.

  1. p_d_quick

    p_d_quick Guest

    This item from Teamsters Canada.

    U.P.S. policy regarding beard and hair lenght ruled illegal
    November 7, 2003 13:54 EST

    Leslie Huggins, member of Local Union 931, works for U.P.S. since 1994 in the Montreal Hub as a package handler. In 1999, he obtained a job as a preloader and then he applied to a combo position, which is his actual job and as well as a part-time driver job.

    The Company asked him if he agreed, if he got the driving job, to cut his hair and beard, to which Leslie answered that he could not because of his religious beliefs He is a Rastafarian (Rasta). He was then refused to follow the orientation, a step he needs to be able to apply for a driver job.

    Upon recommendation of his business agent, Alain De Grandpr, he files, in June 2000, a complaint to the Canadian Human Rights Commission. At the time of the mediation hearing in November 2000, all parties agree that a grievance be filed and that the complaint to the Commission be withdrawn.

    A grievance is filed in November 2000 and 8 hearings days are held in 2001, 2002 and the last one being in June 2003.

    The Union argued that the U.P.S. policy was unreasonable and illegal and that it violated the private life rights and liberty of expression of the plaintiff, as well as his religious beliefs.

    The Company argued that the plaintiff was not qualified for the job because he did not comply with the personal appearance policy, which was agreed by the Union in article 24.1 of the Labour Collective Agreement and which prohibits the wearing of beards and restricts the length of hair. (This policy was adopted in about 1925).

    The arbitrator, Me. Claude H. Foisy, pronounced his decision on October 30th 2003 and he ruled that the portion of the Companys policy prohibiting beards and restricting the length of hair was illegal and ineffective and he ruled ineffective the stipulations of article 24.1 to this effect.The arbitrator based his decision on article 7 of the Canadian Charter of Rights and Freedoms and on article 3 and 35 of the Quebec Civil Code.

    Canadian Charter of Rights and Freedoms, article 7. (Life, liberty and security of person):
    Every one has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

    Quebec Civil Code
    Article 3. Every person is the holder of personality rights, such as the right to life, the right to inviolability and integrity of his person, and the right to the respect of his name, reputation and privacy.

    These rights are inalienable.

    Article 35. Every person has a right to the respect of his reputation and privacy.

    No one may invade the privacy of a person without the consent of the person unless authorized by law.

    2003 - Teamsters Canada - All Rights Reserved

    What do you think, USA next?
  2. david

    david Guest

    I don't think this means that the USA is next. The case you mentioned was based on specific Canadian law. The US law is less favorable to someone who wants to drive for UPS and wear long hair.
    In the case of someone who needs to wear long hair for religious reasons, an American company is required to make accomidations where practical. This is a much lower standared then what must be done for someone who is handicaped.
    UPS could hve jobs that don't require meeting the public, which wouldn't have the same apperance standards. If they couldn't work something out, the worker with religious needs is probibly out of luck.
  3. upsdude

    upsdude Guest

    The Long Hair deal would never work for me, the ground is baron.
  4. tieguy

    tieguy Guest

    No chance in the US. Canada reeks of liberalism. We should probably tear the country off at the perforated line and drop it in the ocean.
  5. local804

    local804 Guest

    Fedex is allowed to have beards all of a sudden.Does anyone know why? A Jewish man(not sure what type of Jew) took the giant to court and won at the Supreme level.He used the religon as the backing of his lawsuit.I am sure the Fedexers in your area heard about this one.
  6. 30andout

    30andout Guest

    There was a person in my center that was forced to wear long pants only to cover up a knee brace which they had to wear because of a on job injury.
  7. dannyboy

    dannyboy Guest

    Long hair is one thing, a beard or facial hair is another.

    AS a driver you CAN wear your hair as long as you like, as long as you keep it under a hat at all times while on duty.

    IT is a bit harder to cover facial hair under a cap.

    In this country things are changing. If a woman in florida can make the case to have her photo taken with a veil...........

    So dont ever say never.

  8. dammor

    dammor Guest

    "No chance in the US. Canada reeks of liberalism. We should probably tear the country off at the perforated line and drop it in the ocean."

    Good grief Tie, or should I start calling you Tie Limbaugh? God I hate that sort of intolerant attitude.
  9. parttimejon

    parttimejon Guest

    i hate shaving. wouldn't hurt my feelings any to have a goatee
  10. smf0605

    smf0605 Guest

    UPS's position has already been upheld in court.
    Danny - I'm not sure how your area has gotten away with longer hair on men. The appearance standards for men state:Hair should not cover any part of the eyes. It should not extend below the upper half of the ear, nor below the top of the shirt collar in the back.
    For women, on the other hand, the standards specifically state: Hair that is longer than shoulder length is to be worn up, in a style such as a twis or a knot.
  11. speeddemon

    speeddemon Guest

    I think its ridiculous they can dictate this. Ive seen a ton of execs that look professional with facial hair.
  12. brownmonster

    brownmonster Guest

    Lot of men look good in facial hair. It's the guy that grows a beard that looks like an armpit that is the problem. Don't want my customers calling me ZZ.
  13. traveler

    traveler Guest

    I think my driver, A. Harry Back should be able to deliver in the hot Florida summer with no shirt!
  14. deliver_man

    deliver_man Guest

    That's disgusting.
  15. tieguy

    tieguy Guest

    "No chance in the US. Canada reeks of liberalism. We should probably tear the country off at the perforated line and drop it in the ocean."
    Good grief Tie, or should I start calling you Tie Limbaugh? God I hate that sort of intolerant attitude."

    Ah Dammor in so stating you show your self to be intolerant of my intolerance, thus you mirror my actions.
  16. dannyboy

    dannyboy Guest

    The court did rule, if women can wear hair shoulder length, so can men.

    Read the rules, cant cover eyes, not over the collar, and not over the top half of the ears.

    If kept under a cap all day, what part of that is violated?

    What we are talking here is appearance standards. Not reality standards. And we all know appearance does not allways equal reality.

    Kenny's hair was past his shoulder, more mid back. Really thick and dense, more like an afro. Kept it in a pony tail, wraped under a UPS ball cap until he was off duty.


    (Message edited by dannyboy on November 18, 2003)
  17. deliver_man

    deliver_man Guest

    Good grief Tie, or should I start calling you Tie Limbaugh?

    Only if he goes into drug rehab
  18. over9five

    over9five Guest

    What does it say about female drivers wearing shorts but not shaving their legs? Or is that just a lesbian thing? God, UPS attracts them like steel to a magnet!

    Sorry, was that inappropriate?
  19. local804

    local804 Guest

    Very inappropriate, but funny as hell
  20. local804

    local804 Guest

    Traveler, where did you find the gorilla?