New York employers must again review their appearance policies to ensure they comply with the latest amendments to the New York State Human Rights Law (NYSHRL)…
New York employers must again review their appearance policies to ensure they comply with the latest amendments to the New York State Human Rights Law (NYSHRL). New York Governor Andrew Cuomo recently signed a bill into law that amends the NYSHRL to expressly prohibit employment discrimination based on attire, clothing, or facial hair worn as a form of religious observance.
Hairstyle Discrimination
The new anti-discrimination law comes on the heels of New York’s new ban on hairstyle discrimination. In July, New York enacted another new law (S.6209A/A.7797A) that amends the NYSHRL and the state’s Dignity for All Students Act to specify that discrimination based on race includes hairstyles or traits associated with race.
As detailed more fully in a separate article, both laws now include subsections that define race to include “traits historically associated with race, including but not limited to hair texture and protective hairstyles.” The new law defines “protective hairstyles” to include, but not be limited to, such hairstyles as braids, locks, and twists.
Religious Discrimination Based on Appearance
New York’s new religious discrimination law (S.04037/A.4204) expressly prohibits employment discrimination based on religious attire, clothing or facial hair. In a press statement, Gov. Cuomo emphasized that “[t]his law will protect people from discriminatory employment practices based on religious attire or facial hair and makes it crystal clear to anyone who may still have doubts that New York has zero tolerance for bigotry of any kind.”
As amended, the NYSHRL now provides:
It shall be an unlawful discriminatory practice for any employer, or an employee or agent thereof, to impose upon a person as a condition of obtaining or retaining employment, including opportunities for promotion, advancement or transfers, any terms or conditions that would require such person to violate or forego a sincerely held practice of his or her religion, including but not limited to the observance of any particular day or days or any portion thereof as a sabbath or other holy day in accordance with the requirements of his or her religion or the wearing of any attire, clothing, or facial hair in accordance with the requirements of his or her religion, unless, after engaging in a bona fide effort, the employer demonstrates that it is unable to reasonably accommodate the employee’s or prospective employee’s sincerely held religious observance or practice without undue hardship on the conduct of the employer’s business.
Accordingly, employers can’t refuse to hire, attain, promote, or take other discriminatory action against an individual for wearing attire or facial hair in accordance with the tenets of their religion unless the employer demonstrates that it is unable to reasonably accommodate the employee’s religious practice without undue hardship. The law does not define the terms “attire,” “clothing,” or “facial hair,” or provide examples. However, it is worthwhile to note that the amendment was prompted by a complaint by an employee who was required by his employer to remove his turban or affix a company logo to it.
Next Steps for New York Employers
The new law took effect on October 8, 2019. Employers should be aware that current law already prohibits employers from discriminating against employees based on their religious beliefs. In addition, employers must accommodate an employee’s “sincerely held” religious practices, unless doing so would pose an “undue hardship on the conduct of the employer’s business.” Nonetheless, the new law highlights that appearance policies and dress codes may unintentionally discriminate against those who hold sincere religious beliefs related to garb, attire, and hair. Accordingly, it is advisable to review your policies and procedures to make sure they comply and that your staff understands how to address requests for accommodation.
If you have questions, please contact us
If you have any questions or if you would like to discuss the matter further, we encourage you to contact us at 201-806-3364 or visit Scarinci Hollenbeck’s Attorneys page to learn more about our attorneys and their legal experience.
Dissolving Your Business: Essential Legal Steps to Protect Your Interests
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
The Role of Corporate Restructuring in Mergers & Acquisitions
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Understanding Chattel Paper: A Key Component in Secured Transactions
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Supreme Court and Title VII: Implications for Reverse Discrimination
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
