Arkansas has enacted legislation (House Bill 1576), which expressly prohibits employers with nine or more employees from discriminating against individuals based on a natural, protective or cultural hairstyle. The changes take effect July 31, 2023.
The Details
Under state law, all employers with nine or more employees are prohibited from discriminating against individuals because of race and certain other characteristics.
House Bill 1576 makes clear that the definition of “because of race” includes actions taken on account of an individual’s natural, protective or cultural hairstyle.
For purposes of the law, a natural, protective or cultural hairstyle includes afros, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance.
Next Steps
- Review dress codes, appearance policies and training to ensure compliance with House Bill 1576.
- 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.