As employers become more aware of the need for diversity, equity, and inclusion in the workplace, it’s important to consider how you can make your work environment more accepting and welcoming for everyone. A critical first step is to identify potential areas of discrimination and implicit bias by removing barriers to job opportunities and advancement that are completely unrelated to job performance.
Legislative Protections
California and New York were the first to pass such laws, but now many states and local jurisdictions have also introduced or passed similar laws prohibiting discrimination based on natural hairstyles associated with a particular race or national origin.
The California law that was enacted to amend the state’s Fair Housing and Employment Act (FEHA) amended the definition of race to include traits that are “historically associated with one’s race, such as hair texture and protective hairstyles.”
Protective hairstyles under California’s CROWN Act (Create a Respectful and Open Workplace for Natural Hair) allow individuals to wear hairstyles such as braids, locks, and twists. This state law took effect in 2020.
New York City’s Commission on Human Rights updated its guidance to clarify that any targeting of people based on their hair or hairstyle at work, school, or in public places will be considered racial discrimination and gives legal recourse to those who have been harassed, threatened, punished, demoted, or fired because of the texture or style of their hair.
A dozen states have passed similar legislation, and many others have proposed bills to prevent hair-based discrimination. The federal version of the CROWN (Creating a Respectful and Open World for Natural Hair) Act passed the House in 2020 and is awaiting further action by the Senate.
Let’s Get to the Root of It
These laws aim to implement race-neutral policies that protect people of color from discrimination based on their hairstyles. The CROWN Act denotes that Eurocentric norms have historically pressured individuals to conform to certain appearance standards for professionalism.
These laws require companies to reconsider and change policies and grooming standards to enforce fairness, equity, and opportunity for everyone.
Revised EEOC Guidance
Meanwhile, the EEOC has clarified in its revised guidance that it will continue to define religion under Title VII broadly. An individual’s religion, which may include beliefs held by only a few or even one individual, is protected.
Employers must accommodate sincerely held religious beliefs, practices, and observances unless it causes undue hardship. Keep in mind that religious protections may also impact the evaluation of employers’ appearance and dress code requirements.
Impact on Employers – Update Your Policies and Training
How should employers address this? Review company policies on dress and grooming standards to ensure everyone can embrace their cultural identities without penalty or burden. Review your general hiring and employment practices.
Provide updated diversity in workplace training to managers, recruiters, supervisors, and employees to ensure they understand these important discrimination protections. Be sure to refer to your legal counsel for more information about laws that may impact your organization.
