On December 19, 2019, New Jersey Governor Phil Murphy signed into law a bill which now makes it illegal to discriminate based upon hairstyles associated with race. The law, known as the “Create a Respectful and Open Workplace for Natural Hair Act” or “CROWN” for short, amends the New Jersey Law Against Discrimination (“LAD”)’s prohibitions to now bar discrimination based upon “traits historically associated with race,” including hair texture and “protective hairstyles,” defined under the law as styles such as dreadlocks, braids and twists. According to the Senate Judiciary Statement reporting favorably on the bill: “The change is intended to remove any confusion or ambiguity over the scope of the LAD and its applicability to race discrimination predicated on such traits.” With its passage, New Jersey becomes the third state in the country (along with California and New York) to ban such discrimination. The law was passed on the one year anniversary of a high school wrestling incident where a New Jersey African American student could not wrestle in a match unless his dreadlocks were either covered or cut.
In light of this new law, which takes effect immediately, employers should review their workplace personal appearance policies to ensure that their policies withstand legal scrutiny under these new requirements. One critical question left unanswered by the new act is whether restrictions can continue to be placed upon hair style or hair length for safety reasons, say when an employee works around heavy machinery or around food in the food industry. It therefore remains to be seen whether such previously acceptable limitations on hairstyles and length will still be permitted under the new law.
Ralph R. Smith, 3rd is Co-Chair of the Employment and Labor Practice Group. He practices in employment litigation and preventative employment practices, including counseling employers on the creation of employment policies, non-compete and trade secret agreements, and training employers to avoid employment-related litigation. He represents both companies and individuals in related complex commercial litigation before federal states courts and administrative agencies in labor and employment cases including race, gender, age, national origin, disability and workplace harassment and discrimination matters, wage-and-hour disputes, restrictive covenants, grievances, arbitration, drug testing, and employment related contract issues.