212.627.8100Hair comes in so many styles and textures. Many people of color in the workplace face assumptions, bias, and even discrimination based on their hairstyles. A 2023 workplace research study found that “Black women’s hair is 2.5 times more likely to be perceived as unprofessional.” Additionally, “Over 20 percent of Black women 25-34 have been sent home from work because of their hair.” In order to address these issues, New York passed legislation called the Creating a Respectful and Open World for Natural Hair (CROWN) Act in 2019. This law serves as an amendment to the New York State Human Rights Law (NYSHRL) and prohibits employers from discriminating against employees based on their hair texture, type, or other protective hairstyles (i.e., braids, locs, twists, afros, etc.).
Employees who suffer workplace discrimination or harassment because of their hair may be entitled to a remedy and should seek the counsel of a highly experienced and dedicated New York discrimination attorney to understand their legal rights and options. If you have endured acts of harassment or discrimination relating to your hair, culture, ethnicity, or race, reach out to a top New York hair discrimination lawyer to identify the most strategic course of action. Let’s take a look at your legal rights under the CROWN Act and how to identify instances of workplace grooming policy discrimination so that you can take action against your employer for violating your rights.
What is the CROWN Act?
The CROWN Act, created in 2019, aims to “ensure protection against discrimination based on race-based hairstyles by extending statutory protection to hair texture and protective styles such as braids, locs, twists, and knots in the workplace and public schools.” In July of 2019, New York Governor Andrew Cuomo signed the CROWN Act into law, prohibiting employers and public schools from discriminating against those with protective hairstyles. This law protects employees from acts of workplace harassment or discrimination based on traits historically associated with race and ethnicity. The goal of the CROWN Act is to foster respectful and inclusive workplaces that ban hair-based racial discrimination.
Examples of Hair Discrimination in the Workplace
While some instances of hair discrimination may be overt, many employers are more subtle in their attempts to discourage or even ban protected hairstyles at work. Here are just a few examples of hair discrimination that an employee may experience during a job interview or in a workplace setting.
Dress Code Policies Banning Natural Hairstyles
If you review the employee handbook and see that the employer expressly prohibits hairstyles like knots, braids, dreadlocks, or cornrows, this very well may be a violation of the CROWN Act.
Requiring Employees to Alter Their Natural Hair
Any employer that requires employees to chemically straighten their hair or alter their natural hair in order to comply with the employer’s so-called “professional appearance standards” is likely violating the CROWN Act.
Negative Comments About Your Hair
An employer may make comments about your hair during a job interview or performance review. For instance, they may tell you that your hair is “unprofessional,” “wild,” or “not appropriate for meetings with clients.” If you have experienced harassment because of your hairstyle, reach out to a highly experienced and trusted employment discrimination New York Human Rights Law attorney to understand your legal rights and options.
Legal Rights Under the CROWN Act and NY Human Rights Law
Fielding negative or critical comments about your natural hair can be disorienting and upsetting, especially if you are not aware of the legal protections available to you under state and city employment laws. It’s essential to recognize that employers are prohibited from enforcing so-called grooming standards in a racially discriminatory way (i.e., forcing you to straighten your hair to appear more “professional”). Moreover, the protections afforded to employees by the CROWN Act and the New York Human Rights Law extend to both employees and job applicants. This means that a prospective employer cannot discriminate against an applicant based on their protected hairstyle. In some cases, an employer may disguise their racial discrimination by commenting on the employee or applicant’s hair in order to avoid accusations of racial discrimination or bias. If you have experienced harassment or discrimination based on your hairstyle, it may be worth enlisting the support of an experienced and dedicated New York employment discrimination attorney to fully evaluate your options.
What to Do If You Experience Hair Discrimination at Work
New York takes incidents of hair discrimination seriously. Here are some of the key steps you can take if you experience hair or race-based discrimination during a job interview or in the workplace.
Document the Incident
While it may feel embarrassing or painful to acknowledge these harmful comments or discriminatory actions, it’s essential that you document these incidents in as much detail as you can. Keep a written record of the comment or incident, and save any emails, memos, or performance reviews that illustrate your employer’s attempts to pressure you into altering your natural hairstyle.
Report the Incident
Your employer should have protocols in place for reporting incidents of harassment or discrimination. You can report the incident to the Human Resources department or other supervisor or manager. You may also file a complaint with the New York State Division of Human Rights or the Equal Employment Opportunity Commission (EEOC), although you should consider consulting with an attorney before you do so.
Seek Legal Counsel For Additional Support
Although you are not required to hire legal counsel in order to file an employment discrimination claim, doing so is highly encouraged. With a caring and trusted New York employment law attorney by your side, you can fully explore your rights in New York and evaluate your options to determine the most strategic path forward.
Frequently Asked Questions (FAQ) About Hair Discrimination in New York
Does the CROWN Act Apply to Private Employers in New York?
Yes. It applies to both private and public employers throughout the state.
Can I File a Complaint If a Job Interviewer Has Made Comments About My Hair?
Yes—discriminatory comments during the hiring process are covered under New York laws.
Trusted Legal Guidance When You Need it Most
At Levy Ratner, we believe in creating strong and lasting relationships with the clients we serve. Our team of highly qualified and caring employment discrimination attorneys understands how vulnerable and intimidated you may feel, which is why we will always treat you with the respect, attention, and empathy you deserve. If you are struggling with an employment discrimination, sexual harassment, or other workplace issue, please reach out to our New York office today by calling (212) 627-8100 to learn more about your legal rights and options.