Colorado has enacted legislation that expressly prohibits employers from discriminating against individuals because of hair length commonly or historically associated with race. The law (House Bill 24-1451) became effective immediately on June 3, 2024.
The details
By way of background, Colorado enacted a law in 2020 that provided that the state’s prohibition against race-based discrimination includes discrimination on the basis of traits commonly or historically associated with race, such as hair texture, hair type, and protective hairstyles. Under the law, a protective hairstyle includes braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.
House Bill 24-1451 adds hair length that is commonly or historically associated with race to the list of protected traits.
Next steps
Colorado employers should review dress codes, appearance policies, and training to ensure they avoid restrictions on hair length historically associated with race and that they comply with House Bill 24-1451. 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 and hair lengths that meet those criteria.