Hair salon sued for not hiring Muslim stylist

**Reba** · 06-19-2008, 08:00 PM

Quote:

How I nearly lost my business after refusing to hire a Muslim hair stylist who wouldn't show her hair

By Natasha Courtenay-Smith
Last updated at 11:08 AM on 18th June 2008

It seems too lunatic to be true. But here a hair salon boss reveals how she was driven to the brink of ruin - and forced to pay £4,000 for 'hurt feelings' - after refusing to hire a Muslim stylist who wouldn't show her hair at work

For Sarah Desrosiers, meeting Bushra Noah was not a moment in her life that she would describe as especially memorable.

Not only was it brief - lasting little more than ten minutes - but it was rapidly obvious to Sarah that Bushra was not the person for the junior stylist position she was trying to fill at her hairdressing salon.

Sarah's reasoning? Quite simply that Bushra, a Muslim who wears a headscarf for religions reasons, had made it clear she would not be removing the garment even while at work.

Sarah Desrosiers says she did nothing wrong by not employing Bushra Noah and would have done the same if an employee refused to remove a baseball cap.

Sarah felt that a job requirement of any hairdresser was that the stylist's hair would provide clients with a showcase of different looks. Especially one working in a salon such as hers, which specialises in alternative cuts and colours.

Yet the ten minutes during which Sarah's world collided with Bushra's has resulted in an extraordinary employment battle, in which she was accused of 'direct' and 'indirect' discrimination.

For a year, Sarah has been facing financial ruin, due to a compensation claim for £34,000 brought by Bushra, 19, who has maintained she is due that figure after being turned down for a job at the Wedge salon in London's King's Cross.

In the event, the tribunal ruled this week that while Bushra's claim of direct discrimination failed, her claim for indirect discrimination had succeeded.

Sarah has therefore been ordered to pay £4,000 compensation by way of 'injury to feelings'.

Although this is a smaller sum than she'd feared she might have to hand over, Sarah, 32, is still outraged.

'I am a small business and the bottom line is that this is not a woman who worked for me,' says Sarah.

Bushra Noah says that Sarah Desrosiers 'hurt her feelings' by not employing her after a ten minute interview.

'She is simply someone I met for a job interview, who, for a host of reasons, was not right for the job. I cannot see how she deserves £4,000.

'As for the notion that I've injured her feelings - well, people's feelings get injured every day. I dread to think the sorts of things that people will try to claim injured feelings for now that this precedent has been set.'

In its ruling, the tribunal said it was 'satisfied that Bushra was not treated less favourably than Sarah would have treated any woman who, whether Muslim or not, wears a hair covering at all times when at work'.

Accordingly, the claim of direct discrimination failed.

But with regard to the issue of indirect discrimination, they found that Sarah had pursued a 'legitimate aim - that aim being to promote the image of the business'.

However, the burden of proof was on Sarah to prove that her means of achieving that legitimate aim was proportionate.

She was not able to prove her contention that employing someone with a headscarf would have the negative impact on her business's stylistic integrity that she feared.

Since the judgment, Bushra, who is of Syrian descent and has worn a headscarf since she was 13, has, so far at least, chosen not to comment.

But, speaking last year, she admitted she had attended 25 interviews for hairdressing jobs without success.

But Sarah, she told the tribunal, had upset her the most.

She said: 'I felt so down and got so depressed. I thought: "If I am not going to defend myself, who is?" Hairdressing has been what I've wanted to do ever since I was at high school.

'This has ruined my ambitions. Wearing a headscarf is essential to my beliefs.'

Bushra had a job in a salon in London, where her tasks included cutting hair, highlighting, tinting and perming, before she left to get married in Syria in 2006.

But on her return to Britain, she was unable to find work.

She has given up her ambitions to become a hairdresser and is studying travel and tourism at Hammersmith and West London College while working part-time in a shop.

At the tribunal, Bushra was asked if Sarah had made derogatory remarks about her headscarf.

She replied: 'She did not. She just asked me if I wore it all the time, or whether I'd take it off.'

Although Bushra is believed to have been acting alone, in the past similar cases have been championed by Muslim traditionalist groups.

In 2006, the Law Lords overturned a court ruling that teenager Shabina Begum's human rights were violated when she was banned from wearing full Islamic dress at school.

The extremist Muslim group Hizb ut-Tahrir later admitted that it had 'advised her'.

Meanwhile, Sarah Desrosiers is wondering how to raise the £4,000 she has been ordered to pay Bushra. She has spent her savings on her legal battle and simply has no money left....

Go here for the rest of the story and photos:

How I nearly lost my business after refusing to hire a Muslim hair stylist who wouldn't show her hair | Mail Online

**Jolie77** · 06-19-2008, 11:29 PM

Wow, Far out.

While this is aimed to the headscarf situation - I think as a hair stylist, they are the one to show their hair off to a client because after all, a client would be interested to see how different styles would work. How can that work if this Muslim woman wouldn't take the headscarf off?

Tousi · 06-19-2008, 11:30 PM

Now, that's just for the birds!!

**Reba** · 06-20-2008, 12:36 AM

I feel very sorry for the young salon owner.

Steel X · 06-25-2008, 10:45 PM

This is pretty stupid...shes just looking for more money and not respecting the owner's rules...if she didnt like the rules, then go find a job somewhere else. It's how she run her business and she cant tell her or force her to hire her if she wont even accept the rules she run in her business.

*rme* I always hate those kind of people who react over their rules as removing the caps or whatever and they start a fuss and making excuses...still, its how they run the business and if they dont like it, then keep looking somewhere else.

Miss-Delectable · 06-26-2008, 03:15 AM

This case will make other hair salon owners very reluctant to hire muslims or feel forced to hire one, least they get sued too.

omegaman · 06-26-2008, 06:55 AM

That's almost like going for a job interview, and suing the company because you didn't get the job?

Hopefully that girl will never be able to find work.

**Liebling:-)))** · 06-26-2008, 06:55 AM

Muslim stylist wins £4,000 payout

BBC NEWS | UK | England | London | Muslim stylist wins £4,000 payout

My British friends and I talked about this issue for few months. They get everyone to support Sarah is have her to cut their hairs. Sarah doesn't deserve to be punish by that law ...

We agreed that the law could be ignored sometimes and also ignorant law as well which is really sad...

At first she want to sue Sarah for £15,000 for injury to her feelings

- now she won and get £4,000.

Sarah can do what she wants with her business. Yes, if we want to work for her then follow her rules. Yes, many hairstylists have creative hairs to show their customers... Sarah is right for want her staff to have their hair on show... It's about business which is normal. I see nothing wrong when Sarah told Bushra to remove headscarf... she would say to non-religion to remove cap off as well. It's British custom for not like to see caps/hats in the house, resturant, companies, offices,... and consider it as bad manner. If you want to wear hat or whatever then do outside...

Remember, Sarah's hairdress salon is not religion but business. She has the right to tell anyone...

It piss me because I do wish Bushra lost at court case then Sarah can sue her for damage her good reputation.

As what the article written, Bushra had been turned down by 25 hairdressing jobs, maybe it's time she looked for another career or set her own hairdress salon.

I began to notice more and more muslim demand their rights against us... Where's their respect when they know our culture are different as their culture?

Sarah, you have my fully support.

**Phillips** · 06-26-2008, 06:56 AM

Oh Gosh!!!

**Angel** · 06-26-2008, 08:10 AM

This article reminds me of what happened several weeks ago, I was at the Bureau of Motor Vehicles to get a Ohio driver license since it had expired on my birthdate of this year. There was a muslim woman in front of me, she was told to remove her head scarf and veil before they were able to take a photo for her driver license. I noticed she refused to, so the other lady pointed out the sign near the camera that says something like "All facial features must be clearly visible - no exceptions" etc (Sorry I cannot remember word by word that was written on the sign) ...It looks like she wasn't pleased with the policy and walked out...

06-19-2008, 11:29 PM	#2 (permalink)
Jolie77 Premium Member Join Date: Nov 2005 Location: Kentucky, USA (The Bluegrass State) Posts: 8,514 Blog Entries: 1	Wow, Far out. While this is aimed to the headscarf situation - I think as a hair stylist, they are the one to show their hair off to a client because after all, a client would be interested to see how different styles would work. How can that work if this Muslim woman wouldn't take the headscarf off? __________________ Isaiah 33:6 - "He will be the sure foundation for your times, a rich store of salvation and wisdom and knowledge; the fear of the Lord is the key to this treasure."

06-26-2008, 03:15 AM	#6 (permalink)
Miss-Delectable V.I.P. Member Join Date: Apr 2004 Posts: 17,174 Blog Entries: 3	This case will make other hair salon owners very reluctant to hire muslims or feel forced to hire one, least they get sued too. __________________ "Walking with a friend in the dark is better than walking alone in the light." - Helen Keller

06-26-2008, 06:55 AM	#7 (permalink)
omegaman Registered User Join Date: Dec 2007 Location: Remember what the doorknob said... Posts: 1,376	That's almost like going for a job interview, and suing the company because you didn't get the job? Hopefully that girl will never be able to find work. __________________

06-26-2008, 06:55 AM	#8 (permalink)
Liebling:-))) Sussi 7.7.86 - 18.6.09 Join Date: Jan 2004 Location: Germany Posts: 31,038	Muslim stylist wins £4,000 payout BBC NEWS \| UK \| England \| London \| Muslim stylist wins £4,000 payout My British friends and I talked about this issue for few months. They get everyone to support Sarah is have her to cut their hairs. Sarah doesn't deserve to be punish by that law ... We agreed that the law could be ignored sometimes and also ignorant law as well which is really sad... At first she want to sue Sarah for £15,000 for injury to her feelings - now she won and get £4,000. Sarah can do what she wants with her business. Yes, if we want to work for her then follow her rules. Yes, many hairstylists have creative hairs to show their customers... Sarah is right for want her staff to have their hair on show... It's about business which is normal. I see nothing wrong when Sarah told Bushra to remove headscarf... she would say to non-religion to remove cap off as well. It's British custom for not like to see caps/hats in the house, resturant, companies, offices,... and consider it as bad manner. If you want to wear hat or whatever then do outside... Remember, Sarah's hairdress salon is not religion but business. She has the right to tell anyone... It piss me because I do wish Bushra lost at court case then Sarah can sue her for damage her good reputation. As what the article written, Bushra had been turned down by 25 hairdressing jobs, maybe it's time she looked for another career or set her own hairdress salon. I began to notice more and more muslim demand their rights against us... Where's their respect when they know our culture are different as their culture? Sarah, you have my fully support. __________________

06-26-2008, 06:56 AM	#9 (permalink)
Phillips Lets ride horses! Join Date: Aug 2006 Location: Spaceship Posts: 11,170	Oh Gosh!!! __________________ My journal! http://poochie21.blogspot.com/ *Enjoy life today, Yesterday has past and Tomorrow may never come.*

Today
Deafness	Sponsored Links __________________ This advertising will not be shown in this way to registered members. Register your free account today and become a member on AllDeaf.com

06-19-2008, 11:30 PM	#3 (permalink)
Tousi Registered User Join Date: Apr 2003 Posts: 15,733	Now, that's just for the birds!!

06-20-2008, 12:36 AM	#4 (permalink)
Reba Granny Terp Join Date: Jun 2004 Location: South Carolina Posts: 39,155	I feel very sorry for the young salon owner.

06-25-2008, 10:45 PM	#5 (permalink)
Steel X Registered User Join Date: Mar 2003 Location: The Carolinas/Rochester, NY. Posts: 13,824	This is pretty stupid...shes just looking for more money and not respecting the owner's rules...if she didnt like the rules, then go find a job somewhere else. It's how she run her business and she cant tell her or force her to hire her if she wont even accept the rules she run in her business. rme I always hate those kind of people who react over their rules as removing the caps or whatever and they start a fuss and making excuses...still, its how they run the business and if they dont like it, then keep looking somewhere else.

06-26-2008, 08:10 AM	#10 (permalink)
Angel ♥"Concrete Angel"♥ Join Date: Nov 2003 Posts: 19,089	This article reminds me of what happened several weeks ago, I was at the Bureau of Motor Vehicles to get a Ohio driver license since it had expired on my birthdate of this year. There was a muslim woman in front of me, she was told to remove her head scarf and veil before they were able to take a photo for her driver license. I noticed she refused to, so the other lady pointed out the sign near the camera that says something like "All facial features must be clearly visible - no exceptions" etc (Sorry I cannot remember word by word that was written on the sign) ...It looks like she wasn't pleased with the policy and walked out...

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode