New Hampshire has enacted legislation (House Bill 1169), which expressly prohibits employers from discriminating against individuals on the basis of traits associated with race, including hair texture and hairstyles. House Bill 1169 takes effect on Sept. 1, 2024.
The Details
New Hampshire's Law Against Discrimination prohibits an employer from discriminating against an individual on the basis of race and certain other characteristics.
House Bill 1169 makes clear that the definition of race includes traits historically associated with race, including, but not limited to, hairstyles or hair type, including braids, locs, tight coils or curls, corn rows, Bantu knots, Afros, twists, and head wraps.
Next Steps
- Review dress codes, appearance policies and training to ensure compliance with House Bill 1169.
- 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.