Avoiding Hairstyle Discrimination
New York City has issued rules on hairstyle discrimination. The guidance is a good reminder for employers to review their personal appearance and grooming policies to ensure that they comply with federal, state, and local nondiscrimination laws.
New York City Guidance:
New York City recently released guidance on policies addressing hairstyles most commonly associated with Black people that are worn as part of a racial or ethnic identity, or as part of a cultural practice. In the guidance, the City states that grooming or appearance policies that ban, limit, or otherwise restrict natural (or treated) hair or hairstyles associated with Black people may violate the City's nondiscrimination law.
The guidance gives the following examples of policies the City would consider violations of its nondiscrimination law:
- Prohibiting twists, locs, braids, cornrows, Afros, Bantu knots, or fades.
- Requiring Black employees to alter the state of their natural hair to conform to the company's appearance standards, including having to straighten or relax hair.
- Telling a Black employee with locs that they cannot be in a customer-facing role unless they change their hairstyle.
- Refusing to hire a Black applicant with cornrows because their hairstyle doesn't fit the "image" the employer is trying to project for sales representatives.
- Banning hair that extends beyond a certain length from the scalp.
Where an employer has legitimate health or safety concerns related to hair, the employer must consider alternative ways to address it prior to imposing a ban or restriction on employees' hairstyles, such as hair ties, hair nets, head coverings, and alternative safety equipment, according to the guidance. If you require a head covering such as a hair net or safety helmet, make sure that they are sized appropriately.
The guidance demonstrates how the City will try to enforce its nondiscrimination law with respect to policies on hairstyles.
Federal, State, and Local Laws:
Federal, state, and local laws prohibit employers from discriminating against individuals because of their race, national origin, and certain other characteristics. Covered employers must also provide reasonable accommodations for employees' sincerely held religious beliefs or practices, unless it would cause an undue hardship. For appearance and grooming standards, this typically means making an exception to the policy when it conflicts with an employee's known religious beliefs or practices. For example, an employer that has a policy limiting the length of employees' hair would generally need to make an exception for an employee who maintains uncut hair for religious reasons.
Appearance policies have also come under scrutiny in various courts. To avoid potentially discriminatory practices, instead of having hard and fast rules banning specific hairstyles, employers might simply require employees to keep hair kempt. However, conscious and unconscious biases may impact what decision-makers view as "kempt," and some may wrongly presume that certain hairstyles are inherently messy or disorderly. Employers should clarify that kempt means that the hair is clean and well combed or arranged, and that employees can comply with a variety of hairstyles, including but not limited to locs, cornrows, and Afros that meet those criteria.
Conclusion:
Grooming and appearance standards must comply with federal, state, and local nondiscrimination laws. Make sure you understand the laws that apply to you and ensure that your policies comply. Consult legal counsel as needed.
