Massachusetts has enacted House Bill 4554 that expressly prohibits discrimination against individuals based on traits associated with race, such as hair texture, hair type, hair length and protective hairstyles. House Bill 4554 takes effect Oct. 24, 2022.
The Details:
Existing Massachusetts law prohibits employers with six or more employees from discriminating against individuals because of their race and certain other characteristics. House Bill 4554 amends state law to clarify that this prohibition includes traits historically associated with race, including, but not limited to, hair texture, hair type, hair length and protective hairstyles.
The definition of protective hairstyle includes, but isn’t limited to, braids, locs, twists, Bantu knots, hair coverings, and other formations.
Next Steps:
- Review dress codes, appearance policies and training to ensure compliance with House Bill 4554.
- If your policy simply indicates that employees must maintain kempt hair, consider clarifying that kempt means that the hair is clean and well combed or arranged, and that employees can comply with a variety of hairstyles that meet those criteria.