The New York City Commission on Human Rights (CHR) issued a guidance document in February 2019 addressing workplace dress codes and grooming standards. Policies that prohibit hairstyles commonly associated with particular racial groups may violate the provisions of the New York City Human Rights Law (NYCHRL) that address race discrimination. The New York State Legislature took this issue on directly in July 2019, when it passed a law amending the New York State Human Rights Law (NYSHRL) to include “hair texture and protective hairstyles” in its definition of “race.” New York is the second state, after California, to include this in its antidiscrimination statute. A bill pending in New Jersey may make that state the third.
In its February 2019 guidance document, the CHR offers background information on hairstyle discrimination and its close relationship to race discrimination in employment. It is a significant problem among Black people, defined in the document as individuals with “African, African American, Afro-Caribbean, Afro-Latin-x/a/o or” other “African or Black ancestry.” It is also a major issue among people “who identify as Latin-x/a/o, Indo-Caribbean, or Native American.”
The CHR notes that, for many people, certain hairstyles are “part of a racial or ethnic identity” or “cultural practice.” Many of these hairstyles are prohibited under employer policies that treat them as “not suited for formal settings.” Whether intentional or not, these policies specifically target hairstyles commonly associated with specific racial or ethnic groups. The CHR document also addresses how some people’s “natural hair,” meaning hair that is “untreated by chemicals or heat,” can violate these standards. Adherence to these employment policies can be expensive, and can cause damage to hair over time from the use of chemicals to straighten hair.