Hair-bias Laws Coming to Work Kitchens

DALLAS—Who knew hair could be such a controversial subject? Hairstyle rules at work are receiving new attention, especially in the foodservice sector, Nation’s Restaurant News reports. Restaurant regulations about grooming practices are coming under the microscope as new natural-hair discrimination laws hit the books.

“Hair can be a proxy for discrimination, especially if it’s natural hair like dreadlocks, Afros, cornrows,” said Alicia Sienne Voltmer, an employment lawyer with the Greenberg Traurig. “You cannot discriminate against anybody because of their natural hairstyle or texture.”

The Equal Employment Opportunity Commission (EEOC) guidelines forbid discrimination based on faith-based hairstyles. Some jurisdictions are taking that even further with new laws prohibiting discrimination about natural hair and beards.

For example, New York’s new law, which will go into effect Oct. 8, provides guidelines on religious garb, beards and natural hair. California’s natural hair discrimination law goes into effect Jan. 1, 2020. New Jersey has a similar law pending, while Wisconsin’s legislature is considering a natural hair bill.

“For much of our nation's history, people of color—particularly women—have been marginalized and discriminated against simply because of their hairstyle or texture. By signing this bill into law, we are taking an important step toward correcting that history and ensuring people of color are protected from all forms of discrimination,” said New York Gov. Andrew Cuomo when signing the bill in July.

However, Voltmer stressed that the health code trumps discrimination laws. “If a health code requires a hairnet or beard net, you can enforce that. … You are required to enforce those health and safety standards,” she said.

Compliance and regulations Culture Diversity Compliance and regulations Food prepared on-site Store maintenance Workforce