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Don't judge my hair: Georgia lawmaker introduces bill to ban hair discrimination

February 2020 employment law letter
Authors: 
Raanon Gal, Taylor English Duma LLP

Georgia State Senator Tonya Anderson has introduced a bill to prohibit hair-based discrimination in businesses and schools. It aims specifically to ban discrimination based on natural hairstyles historically associated with race. At least three states have already passed similar laws. In Georgia, new statewide employment discrimination laws are rare. Nonetheless, you should keep this legislation on your radar to see if this new type of discrimination law makes its way down south.

What is the proposed bill?

According to its text, the legislation was designed to remedy "workplace dress code and grooming policies that prohibit natural hair, including afros, braids, twists, and locks, [which] have a disparate impact on Black individuals as these policies are more likely to deter Black applicants and burden or punish Black employees than any other group."

The bill makes clear the definition of "race" includes traits historically associated with race, such as hair texture, hair type, and protective hairstyles. It specifically defines "protective hairstyles" as braids, locs, twists, or textured hairdressing historically associated with an individual's race. It would prohibit employers from failing or refusing to hire or discharging or discriminating against an employee because of her protective hairstyle unless it restricts her ability to perform her essential job functions.

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