NEWARK, N.J., Dec. 11 (UPI) -- A jury must decide whether Continental Airlines discriminated against a gay flight attendant by making him trim his mohawk, a New Jersey federal judge ruled.
In 2010, supervisors told Ray Falcon his haircut was unprofessional and violated the airline's appearance standards, Courthouse News Service reported.
They told him to correct his appearance or face termination.
He attempted to use gel to flatten his hair down but to stay on a flight set for Paris, a colleague had to cut his hair.
Falcon sued Continental for sexual orientation discrimination, battery and emotional distress.
He applied for benefits under the Family Medical Leave Act and misses a flight per month for psychological treatment.
Falcon has also been prescribed medication, documents state.
Continental asked for a dismissal of the charges. Although the battery charge was dismissed, U.S. District Judge Jose Linares ruled a jury must decided whether Continental created a hostile work environment.
"While the court is mindful that plaintiff's supervisors testified that they were not aware of plaintiff's sexual orientation, the court is also mindful that plaintiff was open about his homosexuality," Linares wrote.
Falcon admitted he was familiar with Continental personal appearance policy, which requires flight attendants' hair to be professional and neat, the Courthouse News said.