New Mexico outlaws discrimination based on hairstyles, head coverings

Effective July 1, New Mexico has updated the New Mexico Human Rights Act (NMHRA) to prohibit discrimination based on hairstyles and head coverings. In doing so, it joins numerous other states and counties in adopting antidiscrimination measures inspired by the CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair.” By expanding the definition of race, New Mexico rejected the notion that hairstyle is a matter of style rather than a characteristic of race.

How we got here

The NMHRA already prohibits employment discrimination based on race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, pregnancy, childbirth, conditions related to pregnancy or childbirth, physical or mental disability, or serious medical condition. New Mexico has now specifically updated the definition of race in the NMHRA to “include traits historically associated with race, including hair texture, length of hair, protective hairstyles or cultural or religious headdresses.”

The wave of CROWN legislation at the state and local level prohibits hair-based discrimination and has been enacted largely in response to the lack of federal law prohibiting such discrimination. A federal court recently ruled the recission of a job offer because the applicant refused to cut her dreadlocks wasn’t race-based discrimination, stating “Title VII protects persons in covered categories with respect to their immutable characteristics but not their cultural practices.” EEOC v. Catastrophe Mgmt. Sols., 852 F. 3d 1018 (11th Cir. 2016).