In February 2019, the New York City Commission of Human Rights issued enforcement guidance concerning race discrimination based on hair. Today’s Long Island employment law blog discusses this new guidance.
Federal law, New York State law, and New York City law have all made race discrimination unlawful and have done so for many years. But, New York City has tried to set itself apart from other laws and other jurisdictions by ensuring its laws are liberally construed and that they provide the most protection possible to employees and the public. Indeed, the New York City Human Rights Law directs courts and administrative agencies to interpret the law separately and distinctly from any other similar laws.
In its latest attempt to distinguish itself as leading the way in anti-discrimination laws, the Commission issued guidance about hair discrimination. To begin with, the guidance makes clear that discrimination based on racial stereotypes is illegal. Moreover, the guidance makes clear that hair discrimination can relate to other types of discrimination such as sex, gender, religion, disability, or national origin. But, the Commission sought to “affirm” that acts which would tend to ban or otherwise inhibit hairstyles associated with Black people is illegal.