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.

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Photo of Arielle E. Kobetz Arielle E. Kobetz

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations…

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations and discipline, leave and accommodation requests, and general employee relations matters. She also counsels clients on developing, implementing and enforcing personnel policies and procedures and reviewing and revising employee handbooks under federal, state and local law.

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.

Photo of Evandro Gigante Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of…

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. 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 through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.