Racial Discrimination

Racial discrimination involves treating someone unfavorably because of that person’s race, skin color complexion, or because of personal characteristics associated with race (such as hair texture, skin color or facial features).

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Under New Jersey’s Create a Respectful and Open Workspace for Natural Hair Act, employers cannot:

• Put forth appearance or grooming policies that limit or restrict hairstyles associated with Black ethnic, racial, and cultural identity
• Selectively enforce other types of policies that have the effect of discriminating against some and not others; for example, “professional appearance” requirements that allow some employees to maintain long hair while Black employees with braids are told to change their hairstyle
• Implement other policies that have the effect of limiting certain hairstyles associated with Black people in order to protect a certain “corporate image” or “customer preference”

In addition, any policies that have the effect of a limitation that are put forth based on health and safety must be rooted in “objective, factual evidence” that the hairstyle in question “presents a materially enhanced risk of harm to the wearer or others.”

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