March 25, 2019

March 25, 2019

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The NYCCHR Issues New Enforcement Guidance on Appearance and Grooming Policies

On February 19, 2019, the New York City Commission on Human Rights (“NYCCHR”) issued new enforcement guidance on appearance and grooming policies that ban or restrict naturally curly hair, dreadlocks, braids, cornrows and other hairstyles. Such policies constitute a violation of the New York City Human Rights Law (“NYCHRL”) because, according to the City Commission, prohibitions on “natural hair or hairstyles closely associated with Black people are often rooted in white standards of appearance and perpetuate racist stereotypes that Black hairstyles are unprofessional.”

In its guidance, the NYCCHR makes clear that the NYCHRL “protects the rights of New Yorkers to maintain natural hair or hairstyles that are closely associated with their racial, ethnic or cultural identities.” Accordingly, employers may not enact policies that force Black employees to straighten, relax, or otherwise manipulate their hair to conform to employer expectations, as this “constitutes direct evidence of disparate treatment based on race and/or other relevant protected classes under the NYCHRL.” Examples of violations may include, among other things, a policy that prohibits “twists, locs, braids, cornrows, Afros, Bantu knots, or fades which are commonly associated with Black people.”

While the guidance specifically details protections for Black people – who, according to the NYCCHR, are frequent targets of race discrimination based on hair – it also cites as unlawful “any grooming or appearance policies that generally target communities of color, religious minorities, or other communities” that are protected under applicable law. Examples of such policies may include:

  • a Sikh job applicant turned down for religiously maintained uncut hair kept under a turban;
  • an Orthodox Jewish employee ordered to shave his beard and cut his payot (sidelocks or sideburns) to keep his job;
  • a 60-year-old employee with gray hair told to color their hair or lose their job; or
  • a male server ordered to cut his ponytail while similar grooming policies are not imposed on female servers.

The enforcement guidance applies to employers as well as operators of restaurants, fitness clubs, stores, schools, libraries and other areas of public accommodation.

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Employers in New York City should review their current grooming and/or appearance policies to ensure compliance with these new guidelines.

© 2019 Proskauer Rose LLP.

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About this Author

Evandro Gigante, Labor Attorney, Proskauer Rose Law FIrm
Senior Counsel

Evandro Gigante is a Senior Counsel in the Labor & Employment Law Department. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation, and breach of contract. Evandro also counsels employers in connection with reductions in force and wage-and-hour issues, and advises clients on restrictive covenant issues, including, for example, confidentiality, non-compete, and non-solicit agreements. 

212.969.3132
Arielle Kobetz, Proskauer Law Firm, Labor and Employment Attorney
Associate

Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues. 

212-969-3304