Discrimination Against Natural Hairstyles in NJ Workplaces

For far too long, workplace dress codes and “professional appearance” policies have been used to enforce narrow beauty standards… while often targeting Black employees and other workers of color. One of the most common and harmful examples is discrimination against natural hairstyles.

From afros to braids, twists to locs, natural hairstyles are more than a personal choice: they’re an expression of cultural identity and heritage. Yet in some workplaces, employees still face pressure to straighten their hair, cut their locs, or otherwise change their appearance to fit a biased definition of “professional.”      

Let’s take a closer look at how the law works, what counts as a natural hairstyle, and when you might need a racial discrimination lawyer in New Jersey.

Why Hairstyle Discrimination Is a Civil Rights Issue

At first glance, some employers might claim hairstyle rules are simply about “business image” or “customer expectations.” But history and lived experience show that these policies disproportionately target specific racial and ethnic groups.

For many Black employees, natural hairstyles are:

• A cultural tradition passed through generations
• A protective style to maintain hair health
• A way to resist harmful chemical treatments
• A reflection of identity and pride

When employers punish, fire, or refuse to hire someone because of their natural hair, they are not making a neutral grooming decision: they are reinforcing racial stereotypes.

How Hairstyle Discrimination Ties to Racial Bias

Hairstyle discrimination in NJ  is often a form of proxy discrimination — where the employer claims to be targeting an appearance choice but is really targeting a racial or ethnic trait.

The New Jersey Law Against Discrimination (NJLAD) recognizes that hair texture and protective styles are often tied to racial identity, meaning that discrimination based on these traits is racial discrimination. This is important because it removes the excuse that “it’s not about race, it’s about the hairstyle.”

Under the law, that distinction doesn’t hold up.

The CROWN Act in New Jersey

In December 2019, New Jersey passed a landmark law known as the CROWN Act — which stands for Creating a Respectful and Open World for Natural Hair.

Under the CROWN Act, the NJLAD was amended to clarify that discrimination based on traits historically associated with race, including hair texture, hair type, and protective hairstyles, is illegal.

This means employers cannot:

• Refuse to hire you because of your natural hair
• Require you to straighten, relax, or chemically alter your hair
• Ban protective styles like braids, locs, twists, cornrows, or bantu knots
• Impose grooming rules that disproportionately impact one racial group

The law applies to all employers in New Jersey regardless of size — and covers hiring, firing, promotions, job assignments, training opportunities, and workplace harassment.

What Counts as a “Protective Hairstyle”?

The CROWN Act specifically mentions protective hairstyles, which are styles that keep the ends of the hair tucked away and reduce manipulation, helping to maintain length and prevent breakage.

Examples include:

• Braids
• Twists
• Locs
• Cornrows
• Bantu knots
• Afros (including picked-out afros)

An employer policy banning any of these styles, or requiring them to be altered to appear “more professional”, can be a form of racial discrimination under NJ law.

Real-World Examples of Natural Hairstyle Discrimination

While New Jersey law now prohibits these practices, understanding how discrimination happens in real life helps employees recognize it when they see it.

Some examples of hair discrimination in New Jersey include:

• A job applicant being told they must cut their locs before being considered for a customer-facing role — a clear case that could point to racial discrimination in hiring.
• A worker receiving a poor performance review because their afro was considered “distracting” or “unprofessional.”
• A supervisor telling an employee that their braids violate the company’s dress code, even though no such rule applies to other hairstyles.
• A school or workplace policy banning hair beads or extensions that are culturally significant.

In each of these scenarios, the issue is not about job performance or safety: it’s about biased beauty standards and cultural insensitivity.

When Hairstyle Rules Are Legal

Not all hairstyle-related rules are illegal. Employers may impose grooming or safety standards if they are truly necessary for the job and applied equally to all employees.

For example:

• Requiring hair to be tied back when operating machinery
• Prohibiting loose hair in food preparation areas for hygiene reasons
• Requiring hairnets or protective head coverings for safety

The key difference is that these rules must be reasonable, job-related, and applied without targeting specific racial or cultural styles. When these rules disproportionately target certain racial or cultural styles, workplace dress codes can be racially discriminatory.

Hairstyle Discrimination and Workplace Harassment

Sometimes, discrimination takes the form of harassment rather than formal policies. 

This can include:

• Offensive remarks, racial slurs, or jokes tied to race and natural hair
• Unwanted touching of hair without consent
• Jokes implying certain hairstyles are “messy” or “unkempt”
• Negative stereotyping linked to hair texture or style

If such conduct is severe or happens often enough to create a hostile work environment, it can violate New Jersey’s harassment laws.

How to Recognize a Discriminatory Policy

It’s not always obvious when a grooming or dress code policy crosses the line. Here are some signs that a rule may be discriminatory under New Jersey law:

• It applies only to certain hairstyles that are historically associated with specific racial or ethnic groups.
• It uses vague terms like “tidy” or “professional” without defining them, leaving room for bias.
• It’s enforced selectively, targeting some employees but not others.
• It requires chemical treatment or alteration of hair to comply.

If a rule seems to impact one group of employees more than others — even if it doesn’t mention race directly — it may still be discriminatory.

What to Do if You Experience Hairstyle Discrimination in NJ

If you believe your natural hair or protective style is being unfairly targeted at work, you have rights — and taking action can help you prove racial discrimination. Here’s what you should do:

1. Document Everything

Write down the date, time, and details of any incidents, including who was involved and what was said. Save any written communications, such as emails or policy documents.

2. Review the Company’s Policy

Get a copy of your employer’s grooming or dress code policy. See if it explicitly bans certain hairstyles or uses vague terms that could be applied in a biased way.

3. File an Internal Complaint

Report the issue to your Human Resources department or supervisor in writing. This creates a record that you raised the concern.

4. File a Complaint with the State

You can file a discrimination complaint with the New Jersey Division on Civil Rights (DCR), which enforces the NJLAD. Complaints must generally be filed within 180 days of the incident.

5. Consult an Attorney

An experienced racial discrimination attorney in New Jersey can explain your options, help you gather evidence, and represent you in negotiations or litigation.

Why Education and Advocacy Matter

The passage of the CROWN Act was a major victory, but changing workplace culture takes time. Education, both for employees and employers, is critical.

Employers should:

• Update dress code and grooming policies to comply with NJ law
• Train managers and supervisors on cultural sensitivity
• Ensure enforcement is fair and non-discriminatory
• Create a safe space for employees to report concerns

Employees should:

• Know their rights under the NJLAD and CROWN Act
• Speak up when policies or conduct feel biased
• Support colleagues facing discrimination

Natural Hair Discrimination is Just Discrimination

In fiscal year 2024, the U.S. Equal Employment Opportunity Commission (EEOC) received over 88,000 workplace discrimination complaints. In New Jersey, the problem is even more pronounced — a statewide survey found that 63% of Black employees reported experiencing discrimination on the job.

Discrimination against natural hairstyles is more than a fashion issue: it’s about racial equity, cultural respect, and the right to work without being forced to conform to biased beauty standards.

New Jersey’s employers cannot police natural or protective hairstyles in a way that targets specific racial or ethnic groups. Whether it’s a written policy or subtle workplace bias, the law protects your right to wear your hair in a way that’s authentic to you.

Contact Us for a Free, Confidential Consultation

If you believe you’ve been discriminated against because of your natural hair or protective hairstyle, our law firm is here to help. We have experience handling New Jersey workplace discrimination cases and will fight to protect your rights.

Discrimination has no place in the workplace — and we’re committed to making sure your voice is heard.

Contact us today for a free, confidential consultation.