Michigan has enacted legislation (Senate Bill 90), which expressly prohibits employers from discriminating against individuals based on traits historically associated with race, such as hair texture and protective hairstyles. The changes took effect immediately on June 15, 2023.
The Details
Under state law, all employers are prohibited from discriminating against individuals because of race and certain other characteristics.
Senate Bill 90 makes clear that the definition of race includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.
For purposes of the law, protective hairstyles include, but aren’t limited to, braids, locs and twists.
Next Steps
- Review dress codes, appearance policies and training to ensure compliance with Senate Bill 90.
- If your policy simply indicates that employees must maintain kempt hair, consider clarifying that kempt means that the hair is clean and well combed or arranged, and that employees can comply with a variety of hairstyles that meet those criteria.
Please contact your dedicated service professional with any questions.