New York State Prohibits Discrimination Based on Hairstyle

On July 12, 2019, Governor Andrew Cuomo signed S.6209A/A.7797A into law, which took effect immediately upon enactment. Specifically, the law amends the definition of race, as it is used in section 292 of the Human Rights Law and section 11 of the Dignity for All Students Act, by adding “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” This means that employers and school officials are now prohibited from discriminating against individuals with, for example, braids, dreadlocks, cornrows, or naturally curly hair.

This makes New York the second state to outlaw racial discrimination based on hairstyle, after California’s Governor approved a similar law on July 3, 2019. Demonstrating his support for this law, Governor Cuomo emphasized that this is “an important step toward correcting [the] history [of marginalization and discrimination simply because of hairstyle or texture] and ensuring people of color are protected from all forms of discrimination.” In essence, the objective of this law is to eliminate the burdens that discriminatory hairstyle polices and rules, in workplaces and schools, have historically placed on people of color.

Based on the foregoing, employers in New York should revisit any grooming and dress code policies to ensure that they do not discriminate against hairstyles or textures associated with race.

This article was co-authored by Summer Associate Alexandra Coppola.