Your Right to Natural Hair in NY

For years, Black people, especially women, have been told by employers they have to change their hair to look more “professional” or to conform to company dress codes. Many have been barred from wearing braids, locks, or Afros at some jobs. Some federal courts have held that the Title VII, the federal law barring workplace discrimination, allows employers to impose style rules banning such hairstyles. 

New York Bars Hair Discrimination

That changed late last year -- at least for employers in New York state. As of 2019, it is now illegal for a New York employer to discriminate on the basis of “traits historically associated with race, including but not limited to, hair texture and protective hairstyles,” with “protective hairstyles” defined to mean “such hairstyles as braids, locks, and twists.” This law applies to all employers, no matter how many employees they have. A separate but similar law specifically bars such discrimination in New York City. 

With this change, neutrally-written rules that bar hairstyles traditionally associated with race will be treated as race discrimination. It will still be up to an employee to prove that a neutral rule -- for example, a rule about grooming or appearance -- constitutes race discrimination. But the change in the law means that demeaning comments about an employee’s hair, requirements that an employee change his or her natural hairstyle, or general grooming rules that bad natural Black hairstyles are far more likely to be deemed unlawful racial discrimination.

What You Should Do If You Face Discrimination

Now that the law has changed, a New York employer cannot demand that you change a hairstyle that is “historically associated with race.” If your boss is violating this law, there are steps you can take to protect yourself. 

First, make sure you document everything. Write down what your boss has said to you, when s/he said it, and who was there to hear it. Keep copies of letters or notices you’ve received. 

Second, if you are comfortable, speak up. Remind your boss about the change in the law. It is illegal for your boss to retaliate against you for reminding him/her of his/her legal obligations. 

Finally, you can talk to an attorney. At KLLF, we can help you consider your options, which could range from speaking with your boss, filing a complaint with the City or State Human Rights Commission, or suing in court. 

The law has long barred employers from discriminating on the basis of race. New Yorkers should celebrate that the law finally recognizes the inextricable link between hair and race and protects people from race discrimination hiding behind so-called “neutral” grooming rules. 

Disclaimer: This post is meant to inform the reader about the state of the law. Nothing in this post is intended to nor does create an attorney-client privilege, convey legal advice, or guarantee any outcome in a legal matter.