The New York City Commission on Human Rights has issued landmark guidance stating that employer polices on appearance and grooming that ban natural hair or hairstyles constitute unlawful discrimination under the city’s human rights law (NYCHRL). These policies disproportionately impact black people, the commission says, and are “rooted in and perpetuate racist notions of what is considered ‘professional’ or ‘appropriate’ in the workplace.” The commission also notes that “Black hairstyles are protected characteristics under the NYCHRL because they are an inherent part of Black identity.” Employers who don’t comply with the guidance face financial penalties; the commission can also force internal policy changes and rehirings.

Unlawful Practices

Under the guidance, specific violations include:

• Adopting grooming or appearance policies that ban or require the alteration of natural hair or hair styled into twists, braids, cornrows, Afros, Bantu knots, fades or locs.
• Adopting policies that force employees to straighten, relax or otherwise manipulate their hair to conform to employer expectations
• Disparaging or mistreating an employee based on their natural hair or hairstyle — for example:

Forcing blacks to obtain supervisory approval before changing hairstyles but not imposing the same requirement on other people

Requiring only black employees to alter or cut their hair or risk losing their jobs

Telling black employees with locs that they can’t be in a customer-facing role...

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