New York bans hairstyle discrimination

The state of New York has enacted legislation (Assembly Bill 7797) that will expressly prohibit employers from discriminating against applicants and employees because of hair texture and hairstyles that are historically associated with race. Assembly Bill 7797 takes effect immediately.

Background:

The state of New York’s Human Rights Law (HRL) prohibits employers with four or more employees from discriminating against individuals because of race and certain other characteristics.

Assembly Bill 7797:

Assembly Bill 7797 amends the HRL to clarify that the term race includes traits historically associated with race, such as hair texture and protective hairstyles. Under the law, protective hairstyles include but aren’t limited to braids, locks, and twists.

Compliance Recommendations:

New York employers should review dress codes, appearance policies, and training to ensure they avoid restrictions on hairstyles historically associated with race and that they comply with Assembly Bill 7797. 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.