Hairdresser sued for refusing to hire Muslim woman in a headscarf
Last updated at 09:37am on 09.11.07The owner of a hair salon is being sued for religious discrimination for refusing to hire a Muslim woman who wears a headscarf.
Sarah Desrosiers, 32, says she turned down Bushra Noah as a junior stylist to maintain the image of her salon, which specialises in "urban, funky" cuts.
She told Miss Noah, 19, she needed her staff to display their hairstyles to the public.
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Bushra Noah: Insists headscarf is irrelevant to her skills
But the devout Muslim insisted that wearing her headscarf was essential to her beliefs.
Miss Noah, who has been rejected for 25 different hairdressing jobs after interviews, is suing Miss Desrosiers for more than £15,000 for injury to her feelings plus an unspecified sum for lost earnings.
Miss Desrosiers, who set up the Wedge salon in King's Cross, North London, 18 months ago, says she faces financial ruin if she loses the case.
She denies any discrimination and insists it is an "absolutely basic" job requirement that cus-Yesterday, Miss Desrosier said: "When a potential client walks past on the street, they look into a salon at the stylists to get an impression of what haircut they are going to get there.
"The image I have built my salon on is very urban, funky, punky. That is the look I am going for.
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Flamboyant hair: Owner Sarah Desrosiers expects her staff to help 'sell image'
"If an employee were wearing a baseball cap or cowboy hat I would ask them to remove it at work.
"It has nothing to do with religion. But I now feel like I have been branded a racist. My name is being dragged through the mud."
She went on: "This girl is suing me for more than I earn in a year.
"I am a small business and have only had my salon a year and a half. If I lose this lawsuit, my business will fold."
In legal papers setting out her employment tribunal claim, Miss Noah alleges she was discriminated against at her interview in March and wrongly turned down for a job she was capable of doing because of her headscarf.
Yesterday, she said: "The advertised job of junior assistant stylist was perfect for me. I did NVQs in hairdressing at college and have 18 months experience at a salon in Ealing Broadway.
"On the phone, Sarah sounded very keen on me because of my experience and qualifications. I sent her my CV and she invited me in a few days later for a trial day.
"But when I got there, she looked at me in shock. She started making excuses about wanting someone who lived locally but I knew it was my headscarf.
"She said, 'You really should have told me that you wear a headscarf'. She asked if I wore it all the time and I said, 'Yes'. She asked if I would take it off for work and I said, 'No'.
"Wearing a headscarf is very important in my religion and is non-negotiable. It is about showing your modest side."
Miss Noah added: "I am Britishborn and I know the urban, funky look. Just because I wear a headscarf does not mean I do not follow the latest trends and fashions.
"Afterwards, I felt so devastated and depressed. It has always been my ambition to be a hairdresser but I have given up now after being rejected 25 times.
"It is always because of my headscarf, whether they say it or not.
"I just thought that Sarah should not be allowed to get away with it and that if I don't stand up for myself, no one else will."
The case will be heard at the Central London Employment Tribunal in January.
• Covering up... Cases in the headlines
Teaching assistant Aishah Azmi was dismissed from a Church of England primary school in Dewsbury, West Yorkshire, after refusing to remove her niqab in lessons led by a male teacher. Mrs Azmi, said it was her Islamic duty to wear the veil in the presence of adult males who were not blood relatives.
Shabina Begum, claimed a "victory for all Muslims" in a landmark Court of Appeal ruling that Denbigh High School in Luton had unlawfully excluded her for flouting its uniform policy. Miss Begum lost almost two years' education before being accepted to another school which allowed her to wear the jilbab.
Accounts manager Aneela Farani, told an employment tribunal that she was repeatedly dismissed as a terrorist in the wake of the attacks on London in 2005. She said colleagues at Confidential Shredding Services, based at Old Trafford, made jokes about her headscarf which humiliated her.
Sophia Moussaoui, a divorce lawyer, was sacked by the Church of England's solicitors because her religious clothing was an embarrassment to the firm. Ms Moussaoui lost her job after Radcliffes, based in Westminster, merged with Jay Benning & Peltz, where she qualified.
Reader views (19)
This is ridiculous! If you want to be a hairdresser, you are going to have to show your hair if you want to have any business... And after twenty five rejections all based on your headscarf, surely the smart move would be to seek a new line of work? This is an example of people taking an American-like view into suing people for pathetic problems.
- Jack Barlow, Potters Bar, England
This is not racism...it's to do with hair, not skin colour or religion. Hairdressers are adverts for their salons. I like to see their hair.
Sarah, I feel sorry for you, you are an innocent victim, not a racist. Good luck with your case and with your business.
Shame on this, 'sue-everyone' culture and the people it encourages to come out of the wood work and ruin an enterprising individual's efforts.
If you are that good...set up your own salon, or maybe you will with the money you could get from this.
- Jane Evans, south west uk
thats why im a housewife.
i wanted to be hairdresser, but because i am a niqabi woman id never ever get a job in anything.even just working at the local fish n chip shop
- Aisha, Australia
I am a hairdresser and i have my own salon, im here to make money not friends SEX SELLS no scarf at work in a hair salon, you need to promote what you sell, its that simple, you ask someone why did you come in here today and if it was not a reccomendation they will generally say they looked in the window and LOVED your hair or the fellow staff members....
Maryanne fellow Muslim
- Maryanne Kourouche, Australia
Sounds like Noah was well within her rights. Consider this hair dresser extremely lucky. Here in the U.S the hairdresser would no longer own a salon, because Noah's rights would be protected. But it is cut and dry this was a discrimination issue. I feel for Noah. It took me almost 2 years till I found my current job. I wear hijab, I applied to hundreds of jobs had over 50 interviews, until I got my job. I gotten employers who looked at me funny, don't want to shake my hand, etc. And I finally got my current job through an job agency that got my resume off the internet, didn't see my face or anything. The promoted me as a qualified applicant. All I could say was Al-Hamdiuallah. Till this day I been a dedicated worker for almost 3 years. I was the only hijab employee for a year and a half. Now at my current job they have hired more hijab wearing employees. Look at us a qualified applicants not something to be ashamed of or disgusted by. As for the sister that made the comment about applying to a place that shows hair, that has nothing to do with job, qualified is qualified point blank.
I sit here paving an open door for more sisters to get hired and one comment sets us back. not all of us think the way you do.
- Bashir, Houston, Texas
As a Muslim myself, it is hard to find a job when you're wearing a headscarf but it's just common sense that if you want to work in a hairdressers you have to show your hair. I wear a headscarf and I wouldn't let someone do my hair unless I knew what their hair looked like so that I can have more confidence in them and to know that I'm in good hands.
- Mio, LONDON
As a business owner myself I am appalled by this decision and I agree with most of the comments here. I run a tribute and look alike agency if this country continues to go to the PC dogs then expect a female headscarf wearing Tom Jones 'Look alike' your way soon. Roger above should try running a business. If Sarah has a fighting find then I would give her a few quid!
- Paul Holgart, Addlestone Surrey
This sickens me. Bushra Noah is clearly attempting to self publicise.
If she wins this case I recommend we all begin applying for "faith school" jobs, wearing short sleeved tops and shorts, and immediately sue when rejected.
- Paul, London
I agree with Trevor
Why after 25 rejections has she decided to sue this salon over the others - or is she going to start on someone else when she loses this case?
I completely understand about fashion and every salon I've ever been to they show their hair.
- Gabby, Essex
This story is another ridiculous example of looking for racism where it doesn't exist.
It doesn't matter whether a bar tender is teetotal or not, that is irrelevant as bar tending is not an image obsessed business, whereas a hairdresser specialising in urban and funky cuts it.
As a business owner you would assume it was your choice about who you hired according to the ethos of your company. It's all about choosing people who fit in with the image and attitude of your company, and it is your prerogative to hire people who you, judging by the interview, think would fit in best.
When I went for my Diesel interview to work in Selfridges, a fashion conscious and image and image obsessed industry I put on my Diesel jeans and researched their style, I knew this was important to getting hired.
Whilst working at Diesel I had to come dressed top to toe in Diesel attire. What a shame that my religion does not consist of wearing Lee jeans, I could have made some money too.
Sarah's not being racist, she says herself anyone wearing headgear would be asked to take it off.
Similarly in schools, if the uniform consists of no hats, no jewellery, then those are the rules. You can't just go around suing schools for rules that have been around for years. Girls who wear crosses on chains are asked to take them off, as a girls wearing headscarfs and hats.
For goodness sakes don't make us become a society where people are scared to interview women wearing headscarfs for fear of being sued.
- K. Patel, London, England
Racism is awful but I think you're looking for racism where none exists:
1.)Bartenders don't need to drink to sell alcohol, they just put money in the till and dispense alcohol. Bartenders need to sell the venue.
2.)Sarah made this point many times. A bald person would proably wear a wig. Men are allowed as customers and stylists. We shouldn't speculate anyway, we should ask Sarah.
3.)This is unrelated - or are you accusing Sarah of being sexist as well? Sarah hires women, don't you know?
4.)Stylist display the type of haircut cutomers are likely to receive.
5.)We all know that stylist do not necessarily do their own hair. Their head is mearly advertising space! Duh. See point 4 above.
6.)Who knows - Such a person would probably wear a cool wig. Would Bushra to the same? Why not ask Sarah?
7.)That already happens. Not all fat people wear headscarves, most models are skinnier and better looking than me and I've never seen a limbless person in a clothes shop. That may be unfair but it's not anti-Islam.
>The one point that the owner of the hair salon did not clear up was if the person suing her had been given a chance to actually style some hair, to see if she was any good. Failing to do so was simply wrong.
Perhaps but Sarah's point was of marketing, not ability. Bushra never said if any of the 25 knock-backs employed other Muslim stylists in or out of headscarves.
- Ben, London
Why, after 25 other rejections has Bushra Noah decided to sue Sarah Desrosiers. What will it take for her to understand why she has had so many rejections? Has she tried to find employment with a company within her own faith, or start her own business.
As a 68 yr old male I do find modern hairstyles amusing, but to try to portray them under a headscarf!
Good luck Sarah, after all your hard work in running your own business, may common sense win.
- Trevor Williams, Solihull, West Midlands
There is no way I, or many of my friends, would select a hairdresser whose staff wore their hair covered by headscarves! The image of the hairdressser is displayed by the girls that work in the salon. What a ridiculous situation for poor Sarah. My husband and I feel very strongly for her and wish to donate to her 'fighting fund'.
- L Peddie, Tonbridge, UK
Isn't it remarkable how headscarves always bring all the anti-Muslims out in droves? Maybe they can explain:
1.) Why they think a person cannot have a personal attitude to modesty/behaviour and at the same time interact with those of a different view? For example, would they demand that teetotallers be banned from doing bar work?
2.) If they would refuse to hire bald/balding men as barbers/stylists?
3.) If they think women have less imagination than men, and thus cannot have their hair styled without an 'example' in front of them?
4.) If they believe women can only go to stylists who have exactly the same style that they want to have?
5.) If they think women are so dumb they do not realise that the stylist serving them did not actually style her own hair?
6.) If they would sack a woman stylist if she lost her hair during cancer chemotherapy, on the grounds that she could no longer fulfil an 'absolutely basic' job requirement?
7.) If they would apply such standards to other professions, e.g. only employ women in the fashion industry who are physically 'perfect', i.e. ban the disabled. If you must see hair in order to have your own styled, by the same logic you must see people with two arms and two legs in order to imagine yourself in their clothes.
The one point that the owner of the hair salon did not clear up was if the person suing her had been given a chance to actually style some hair, to see if she was any good. Failing to do so was simply wrong.
- A. Patel, London, UK.
This is ridiculous - in an obviously image based industry, the employees of a company should be reasonably expected to confirm to a style. Models would be expected not to be overweight, clothing sales staff would be expected to conform to the style of the shop they are selling in.
I am happy to employ people of any shape or size, colour or creed (and indeed I do so) as it does not have a bearing on my industry, but in instances like this I believe the salon owner should be able to expect her staff to conform to a particular style, including expecting staff to display a hairstyle that conforms, or at least doesn't conflict with the image she is trying to portray.
How can someone who expects to spend all day running their hands through the hair of total strangers protest about being asked to display their hair, on the grounds of modesty? Surely if they are that modest, hairdressing is an entirely unsuitable profession for them anyway?
This is not about race, it is about style and common sense, and Miss Noah might like to try setting up her own salon, with everyone wearing headscarfs, and see how successful she is. Can't you see the irony ( to put it politely) in this?
I hope Sarah Desrosiers fights this to the highest level for the sake of common sense.
- Brit, England
I would like to send my full support to Sarah Desrosier: she was absolutely honest and reasonable. If you work at a hairdresser's specialized in "urban and funky" haircuts, covering your hair will discourage clients; in the same way that a toothless dentist will put off clients.
Anti-discrimination legislation is necessary, but it is going too far.
- Giuseppe Grandio, Liverpool, England
A Muslim lady is so religious that she cannot remove her headscarf because "It is about showing your modest side." However her religion takes a back seat when it comes to wanting to be employed in the flamboyant beauty industry which provides an excellent and much wanted service for women who want to be smart and trendy and to get noticed.
Additionally her supposed "modesty" does not stretch to keeping a low public profile. She appears to be trying to make this a high profile case.
- Roger Friend, Rustington
I think people are missing the point here. Of course Sarah should be entitled to employ who she wants to. However, such overt discrimination does not have a place in our all embracing British society. How an employee could blatantly dismiss someone on the grounds of their religious attire is beyond me. Our discrimination laws are in place for a reason, namely to protect individuals and communities from systematic discrimination. In my opinion, Bushra has every right to feel hurt and discriminated against taking into consideration the way Sarah handled the situation and the way she conveyed her decision to Bushra (e.g. “Why didn’t you tell me you wear a headscarf on the phone”).
She has the relevant qualifications and ample experience, not to mention the fact that Sarah invited her in for a trial day, only to send her packing when she caught sight of her. The media tells Muslims that they should integrate into our mainstream society, yet we shun them when they try to. I think it's lovely that this young Muslim is defying stereotypes and aspiring to be a hairdresser. I empathise with this young person who faces so many barriers in chosen career path.
- Jane Wilson, London, UK
It is amazing that this woman is suing this young hairdresser and that due to the craziness of PC and the need to always accommodate Islamic "hurt" at the expense of everyhting else, she will prbably win and wipe out a new business.
I am a 58 year old man and would not expect to go into a trendy hairdressers and get a job. Technically that would lead me to justification to sue on the grounds of age, sex, and as a Jew I could probably try to throw in religious discrimination, but I would not because I would not try for a job to which I am unsuited.
The owner of a business has the right to employ people that fit her "image" and clearly Miss Noah does not.
That should be the end of the story, sadly it will not be, and another nail is hammered into the coffin of democracy in the UK
- Stephen Rothbart, Prague, Czech Republic
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