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New Jersey bans hairstyle discrimination

1/9/2020

Author: ADP Admin/Wednesday, January 8, 2020/Categories: Compliance Corner , State Compliance Update, New Jersey

New Jersey has enacted legislation (Senate Bill 3945) that bans discrimination on the basis of a person’s hairstyle, or type and texture of hair. Senate Bill 3945 takes effect immediately. 

                 

Background:

New Jersey’s Law Against Discrimination (LAD)’s protected classes include: race, creed, color, national origin, nationality, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or liability for service in the armed forces.

Senate Bill 3945

Senate Bill 3945 amends the New Jersey LAD’s definition of race to include traits historically associated with race. Protected traits consist of, but are not limited to hair texture, hair type, or protective hairstyles such as braids, locks, and twists.     

Compliance Recommendations:

New Jersey employers should review dress codes, appearance policies, and training to ensure they avoid restrictions on hairstyles historically associated with race and comply with Senate Bill 3945. Please contact your dedicated service professional with any questions.

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