Robert E. BAKER, Plaintiff-Appellant, v. CALIFORNIA LAND TITLE COMPANY, Defendant-Appellee

Baker appeals the dismissal of his complaint for failure to state a claim upon which relief can be granted. Jurisdiction in the district court for this civil rights action brought under Title VII of the Civil Rights Act of 1964 (Amended, Equal Employment Opportunity Act of 1972, Pub.L.No. 92-261, 86 Stat. 103 ) was based upon 42 U.S.C. § 2000e-5(f)(3). The jurisdiction of this court is authorized by 28 U.S.C. § 1291 .

The district court’s memorandum opinion is reported at 349 F.Supp. 235 (C.D. Cal.1972).

Appellant was discharged from the employ of appellee because of nonconformity with appellee’s hair-length policy. Believing that the Company’s tolerance of long hair for female employees and objection to the same length for males constituted sex discrimination within the purview of 42 U.S.C. § 2000e— 2(a), appellant initiated proceedings before the Equal Employment Opportunity Commission (EEOC). After exhausting his administrative remedies, appellant filed this suit.

The district court dismissed appellant’s claim, and held that the varying hair-length policies did not “discriminate” within the meaning of the statute. 349 F.Supp. at 238 — 239. In so finding, the court…