Can Workplace Dress Codes Be Racially Discriminatory in NJ?

Workplace dress codes are common in New Jersey offices, restaurants, hospitals, and just about every industry. Employers may require employees to dress professionally, follow safety guidelines, or wear a uniform. But what happens when those dress code rules affect people of certain racial backgrounds more than others?

In some cases, dress codes can cross the line into racial discrimination, especially when they restrict hairstyles, clothing, or cultural expressions more commonly associated with certain racial or ethnic groups. While employers have the right to set policies about appearance, those policies must be applied fairly and in compliance with the law — including New Jersey’s powerful anti-discrimination statutes.

Let’s take a deeper look at how race-based dress code tips from cultural insensitivity to becoming illegal, what New Jersey law says, and what workers can do if they’ve been affected.

What Is Racial Discrimination in the Workplace?

Racial discrimination in employment refers to treating someone unfavorably because of their race, skin color, or characteristics tied to their racial identity, such as hair texture or cultural customs.

It can take many forms, including:

• Refusal to hire or promote
• Unequal pay
• Harassment
• Biased performance reviews
• Retaliation after complaints
• Restrictive or targeted dress code policies

Discrimination doesn’t have to be loud or obvious. In some cases, favoritism at work can be a sign of racial discrimination. Even policies that appear neutral on paper can be illegal if they disproportionately harm people of color or are enforced selectively.

What the Law Says: NJLAD and Racial Discrimination

In New Jersey, racial discrimination in employment is prohibited under the New Jersey Law Against Discrimination (NJLAD). This law protects workers from being treated unfairly based on race, ethnicity, national origin, and how those traits are expressed.

Importantly, NJLAD doesn’t just prohibit overt racial slurs or jokes at the workplace. It also applies to policies or practices that seem neutral on their face but have a disproportionate negative effect on certain racial or ethnic groups — including dress codes.

Employers violate the law when:

• A policy discriminates on its face (e.g., banning traditional African hairstyles).
• A policy is applied unevenly (e.g., enforcing grooming standards more strictly for Black or Latino employees).
• A policy has a disparate impact without a legitimate business justification.

NJLAD: Your Legal Protection Against Racial Bias

The New Jersey Law Against Discrimination is one of the strongest anti-discrimination laws in the country. It protects employees from discrimination based on:

• Race
• Creed or religion
• Color
• National origin
• Ancestry
• Gender identity
• Sexual orientation
• Disability
• And other protected categories

Under NJLAD, employers may not create or enforce workplace policies — including dress codes — that unfairly impact workers based on any protected trait.

This extends beyond current employees and applies to job applicants as well. A dress code or grooming policy that, even unintentionally, disadvantages individuals of a certain race may be unlawful. Similarly, racial discrimination in hiring practices (such as rejecting candidates based on appearance or cultural expression) can also violate New Jersey law.

Can a Dress Code Be Discriminatory?

Yes — if dress codes have a disparate impact on employees of a certain race or ethnicity, or if it’s enforced unfairly, it might be considered as biased dress codes in NJ.

Let’s say an employer prohibits “unusual hairstyles” or bans dreadlocks, braids, or afros. That may seem like a general rule about neatness, but in practice, it targets Black employees and Black culture. Similarly, banning headscarves or turbans may impact Muslim, Sikh, or other employees of color more than others.

Employers must be careful not to use dress codes as a tool to enforce racial or cultural conformity. In New Jersey, doing so can lead to a complaint under the NJLAD.

The CROWN Act and Hair Discrimination in NJ

In 2019, New Jersey passed the CROWN Act — short for “Creating a Respectful and Open World for Natural Hair.” This law was specifically designed to prohibit hair-based discrimination, especially against Black employees who wear natural hairstyles like:

• Afros
• Braids
• Twists
• Cornrows
• Locs

The CROWN Act is now part of NJLAD. It makes it clear that discriminating based on hair texture or style associated with race is illegal in New Jersey workplaces, schools, and public spaces.

If an employer tells a Black employee to “tame” their afro or not wear braids to look more “professional,” that could prove racial discrimination in the workplace.

Can Employers Still Set Dress Code Rules?

New Jersey employers are generally allowed to set reasonable dress code and grooming standards. These rules can help maintain safety, hygiene, and a professional image. For example, restaurants may require kitchen workers to wear hairnets, and hospitals may have rules for scrubs and identification.

They also need to apply the rules consistently and be willing to offer reasonable accommodations when necessary.

Here’s how employers can stay within the law:

1. Apply dress codes equally to all employees
2. Avoid blanket bans on natural hairstyles or ethnic dress
3. Be flexible when religious or cultural practices are involved
4. Train managers on implicit bias and enforcement
5. Engage in dialogue when an employee raises a concern about the policy

Employers must make sure those rules don’t target, exclude, or harm people based on race or related characteristics. The same principles apply to remote hiring processes, where racial discrimination can still occur through biased dress expectations, video interview standards, or subjective judgments based on appearance or background.

What Should You Do If You’re Affected?

If you believe you’re experiencing discriminatory dress code policy at your job that is based on your race or cultural identity, it’s important to take the right steps:

1. Document the Policy and Enforcement

Keep a copy of the dress code and any emails or memos about how it’s enforced. If a manager made a comment about your appearance or grooming, write it down with date, time, and what was said.

2. Raise the Concern Internally

If you feel comfortable, speak with your supervisor or HR department. Explain how the policy affects you and why you believe it’s discriminatory. Sometimes, companies are willing to make adjustments once they’re made aware of the impact.

3. File a Formal Complaint If Necessary

If internal steps don’t resolve the issue, you can file a complaint with the New Jersey Division on Civil Rights (DCR). You also have the option of filing a civil lawsuit under NJLAD with the help of an employment attorney.

4. Contact a New Jersey Employment Attorney

A racial discrimination attorney in New Jersey can help you understand whether you have a viable legal claim. They can also help you navigate potential retaliation or negotiate a resolution.

Neutral Policies Can Still Discriminate

It’s not just what’s written in the employee handbook, it’s how the policy is enforced in practice. 

A dress code doesn’t need to mention race explicitly to be racially discriminatory. If the effect of the policy is to exclude, penalize, or place a heavier burden on employees of color, it could be considered a case of discrimination in a dress code at work. The same goes for workplace behavior: accent-based comments or jokes, even if framed as harmless, can signal underlying bias and contribute to a discriminatory environment.

Racial discrimination in the workplace is often defined not by a single incident, but by a pattern of behavior over time. In New Jersey, a statewide survey highlighted this disparity: 63% of Black employees reported experiencing workplace discrimination, compared to just 37% of white employees.

Contact Us for Legal Advice and a Free Consultation

If you believe you’ve been discriminated against because of your hairstyle, cultural clothing, or racial identity — or if your employer has enforced a dress code in a way that feels unfair — you may have legal rights under New Jersey law.

Whether you're looking to resolve the issue quietly or prepare for legal action, our qualified racial discrimination lawyer in New Jersey can guide you every step of the way.

Contact us today for a free consultation. Take the next step with confidence.