Have you noticed that a lot of co-workers and your employer make comments about your hair? Do you find that it costs a small fortune to purchase hair products and other chemicals to style your hair like your employer expects? Do you think that your unique hair texture or style has made it harder to enter your line of work? You may not realize that your hair could be a target of workplace discrimination.
You cannot control what type of hair you were born with. However, many others will try to tell you what you should do with your hair, especially at your workplace. Hair-based discrimination is a difficulty for many people who have unique hair textures and styles, such as braids, locks, curls and afros. However, New York employees are protected from hair-based discrimination. Here is what you should know:
Protection from racial and cultural discrimination
Some people do not realize that a person’s hair is not only part of their identity but also part of their ancestry. A person’s hair may be a symbol of pride and cultural heritage. Yet, many people, especially Black and Brown people, are racially and ethnically discriminated against based on their natural hair or hairstyles.
The CROWN Act seeks to strengthen worker protections and prohibit workplace discrimination. Employers are still allowed to have rules concerning hair in their dress codes. For example, a restaurant may still expect all kitchen workers to cover their head. However, the law expects employers to ensure any rules they have do not place more of a burden on a certain set of workers or discriminate against them in some other way. That might mean abolishing a problematic dress code, replacing it or allowing exceptions.
If an employer enforces discriminatory dress code policies, they could be held liable. It is often useful to seek legal guidance to address discriminatory matters in the workplace.
