New Jersey Issues Guidance on Workplace Race Discrimination Based on Hairstyle

The New Jersey Division on Civil Rights (NJDCR), recently issued guidance concerning race discrimination based upon hairstyles. The guidance focuses in particular on hairstyles “closed associated with Black people” and explains that discrimination based upon hairstyles that are “inextricably entwined or closely associated with race” is unlawful under the New Jersey Law Against Discrimination (NJLAD).

The guidance specifically identifies “twists, braids, cornrows, Afros, locs, Bantu knots, and fades” as hairstyles closely associated with Black people. According to the guidance, a policy singling out any such hairstyle will generally constitute evidence of disparate treatment and violate the NJLAD. Similarly, any facially neutral policy, such as one that requires employees to maintain a “professional” or “neat” appearance, will likely violate the NJLAD if the policy is selectively enforced against Black people.

The NJDCR’s guidance tracks laws recently enacted in New York and California, which clarify that the definition of “race” under those states’ anti-discrimination laws includes traits and hairstyles historically associated with race. A similar bill is currently pending in the New Jersey Legislature.

Although the guidance is not statutory, it does reflect the NJDCR’s interpretation of the NJLAD and is consistent with a growing trend nationwide. Accordingly, New Jersey employers should review their workplace grooming and appearance policies to ensure that they do not explicitly or implicitly discriminate against hairstyles closely associated with race.

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