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Virginia becomes first southern state to ban hair discrimination

April 2020 employment law letter
Authors: 
Jayna Genti, DiMuroGinsberg, PC

Virginia became the first southern state to ban not only LQBT discrimination but also hair discrimination across the Commonwealth during the 2020 legislative session, joining California, New York, and New Jersey in doing so. Montgomery County, Maryland also has prohibited discrimination based on a person's hairstyle (see “Maryland county passes CROWN law banning hairstyle-based discrimination” in the January 2020 issue of our newsletter).

What new law covers

The new Virginia law specifically expands the Virginia Human Rights Act (VHRA) to prohibit discrimination based on characteristics historically associated with someone's race and/or culture. Under the law, discrimination “because of race” or “on the basis of race” will now encompass bias stemming from “traits historically associated with race, including hair texture, hair type, and protective hairstyles such as braids, locks, and twists.”

The reason for the law is simple, according to Virginia House of Delegates member Delores McQuinn, who sponsored the legislation:

A person's hair is a core part of their identity. Nobody deserves to be discriminated against simply due to the hair type they were born with, or the way in which they choose to wear it. The acceptance of one's self is the key to accepting others.

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