Understanding the CROWN Act: Hair Discrimination in New York Corporate and Retail Jobs

Introduction to the CROWN Act in New York

For decades, many employees of color have faced silent but aggressive discrimination regarding their natural hair. Workplace grooming policies often labeled afros, locs, and braids as "unprofessional" or "messy," forcing workers to use damaging chemical relaxers or wigs just to keep their jobs. To combat this, New York became one of the first states to pass the CROWN Act (Creating a Respectful and Open World for Natural Hair). This legislation officially amended the New York State Human Rights Law under N.Y. Exec. Law § 292(37)-(38), expanding the definition of race to include traits historically associated with race, specifically hair texture and protective hairstyles. In New York City, hair discrimination is independently prohibited under the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107. Whether you work in a high-rise on Wall Street or a boutique in Queens, your natural hair is protected by New York law.

Corporate Grooming Policies Targeting Locs and Braids

In corporate environments, such as Manhattan's financial district, hair discrimination is often masked by vague employee handbooks demanding "neat," "conservative," or "professional" appearances. Before the CROWN Act, managers would frequently use these subjective terms to target Black employees who wore locs or box braids, claiming the styles were too "distracting" for client-facing roles. Under N.Y.C. Admin. Code § 8-107(1), it is entirely illegal for an employer in NYC to mandate that an employee cut their locs, remove their braids, or straighten their hair to attend a board meeting or secure a promotion. Enforcement agencies treat these "grooming" policies as direct racial discrimination.

Hospitality and Retail Dress Codes Banning Afros

The service industry-including hotels, restaurants, and retail stores across Brooklyn and Albany-is another hotspot for hair discrimination. Managers often attempt to enforce strict uniform policies that include bans on voluminous hair, demanding that afros be slicked back, tied down, or hidden under hats, even when health and safety regulations do not require it. If a restaurant requires kitchen staff to wear hairnets for sanitation, that rule must be applied equally to all hair types. However, if a retail manager tells a cashier that their afro "doesn't fit the brand image," they are violating the CROWN Act. Employers cannot use their brand aesthetic as an excuse to discriminate against natural hair.

Step-by-Step: How to Document Microaggressions About Hair

Hair discrimination often starts with subtle, continuous microaggressions rather than an outright firing. Documenting this behavior is crucial if you intend to take legal action.

Step 1: Keep a Detailed Written Record

Every time a supervisor or coworker makes an unsolicited comment about your hair (e.g., "Can I touch it?", "How often do you wash that?", or "It looked better straight"), write it down immediately. Note the date, time, location, exactly what was said, and who was present. A detailed, contemporaneous log is powerful evidence in court.

Step 2: Report to Human Resources in Writing

Verbal complaints are easily denied. You must create a paper trail. Send an email to HR or your manager explicitly stating that you are experiencing discrimination based on your race and natural hair under the CROWN Act. Keep a personal copy of this email. If they retaliate against you after you send this email (like cutting your shifts or firing you), you have grounds for a retaliation lawsuit.

Step 3: Gather the Company's Policies

Secure a copy of the employee handbook, specifically the sections on dress code and grooming. If the policy explicitly bans twists, locs, cornrows, or afros, or uses coded language that only targets hairstyles associated with Black employees, hand this over to your attorney. You can find experienced civil rights lawyers in our US Lawyers Directory.

Step 4: File a Formal Complaint

If HR ignores the problem or retaliates, your attorney can help you file a Form Non-Numbered, New York, New York State Division of Human Rights, Employment Discrimination Complaint Form or submit a claim directly with the New York City Commission on Human Rights, New York. The Commission has the power to fine businesses up to $250,000 for willful and malicious violations of the CROWN Act.

Legal Options and Potential Costs

Fighting hair discrimination is treated just like any other civil rights or racial discrimination lawsuit.

Frequently Asked Questions (FAQ)