Can a ski area restrict the length of mens hair without imposing the same standard for women?
Yes. As a general rule, differing rules concerning the length and style of hair are permissible because hair isn’t an immutable characteristic that tends to single out men or women. In addition, a general rule that all hair must be neat, washed, and without shocking colors or extreme styles (for example, mohawks, waist-length hair on men, purple, orange, pink, etc.) is a permissible standard. Can beards be prohibited? Yes. Like hairstyles, facial hair worn by individuals isn’t an immutable characteristic and an employer may regulate facial hair under an even-handed grooming policy. Indeed, appearance standards are not the problem here — the potential for trouble lies with enforcement. For example, if an employee forgets to shave, will that employee be disciplined for having one-day’s growth? Will the resort refuse to hire an otherwise qualified applicant on account of a beard? These issues demonstrate the problem with blanket prohibitions. A less restrictive standard may be the better