In February 2019, I reported about the hair discrimination guidelines enforced by the New York City Commission on Human Rights. The New York state legislature just passed an anti-hair discrimination bill which is waiting to be signed by the governor. California and New Jersey legislatures have also passed similar bills awaiting their respective governor’s signatures.
The California bill, referred to as the “Create a Respectful and Open Workplace for Natural Hair” law, or the “Crown Act,” updates the definition of race used in existing law to be “inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” This bill states that “[i]n a society in which hair has historically been one of many determining factors of a person’s race, and whether they were a second-class citizen, hair today remains a proxy for race. Therefore, hair discrimination targeting hairstyles associated with race is racial discrimination.”
The California bill prevents enforcement of “…grooming policies that claim to be race neutral but in reality have a disproportionate impact on people of color…”
Employers in California, New Jersey, and New York are having to take a closer look at their grooming and appearance policies. All employers should take a closer look at their policies to ensure that their grooming and appearance policies don’t give rise to other types of discrimination claims, including religious, disability, age or gender-based claims.
Contact the Arefin Law Office, LLC for compliant policies and procedures, as well as on-site training for your employees and management.
