Day Pitney remains committed to providing quality legal counsel, while protecting our clients and employees, and transforming our communities into more just, equal and equitable spaces. For more information, please visit our COVID-19 Resource Center | Racial Justice and Equity Task Force.
On February 18, the New York City Commission on Human Rights (NYCCHR) issued new guidance stating that company policies that ban, alter or otherwise restrict hairstyles may constitute racial discrimination in violation of the NYC Human Rights Law (NYCHRL). The NYCHRL prohibits discrimination based on certain personal characteristics, including race, color, creed, age, national origin, alienage or citizenship status, gender (including gender identity), sexual orientation, disability, and marital or partnership status. The focus of this new guidance is to protect against "Anti-Black racism," which includes "… prohibitions on natural hair or hairstyles most closely associated with Black people … ." Specifically, policies that affect an employee's ability to wear their hair in a natural state, or that ban twists, braids, cornrows, afros, bantu knots, fades or other hairstyles, may be unlawful.
This new guidance gives the following examples of what the NYCCHR will consider unlawful practices by an employer relating to hair:
Finally, while the guidance permits employers to enforce appearance policies for health or safety concerns, those concerns must be legitimate—not speculative—and companies must also consider alternatives that limit the restrictions on employee hairstyles.
In light of this new guidance, NYC employers should review their current policies and practices regarding hair and any other grooming, appearance or image guidelines. According to the press release, the NYCCHR is currently investigating at least seven cases of hair discrimination—so don't let your company be the next one.
On May 6, Day Pitney and the Association of Corporate Counsel-Northeast Chapter are hosting a webinar, "Managing the Workplace in Wake of COVID-19."
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Day Pitney Alert
Day Pitney Press Release
Rachel A. Gonzalez was recently recognized by New Jersey Law Journal as a "2020 Top Woman in Law."
Daniel Schwartz was quoted in the Connecticut Law Tribune article, "5 Tips for Employment Lawyers in the Age of COVID-19."
The Connecticut Law Tribune interviewed top attorneys, including Day Pitney Partner and Executive Board Member Glenn Dowd, about Big Law continuing to come up with new safety protocols and procedures in how to safely deal with opening its offices.
Day Pitney Press Release
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This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.