Nebraska bans hairstyle discrimination

Nebraska has enacted legislation (LB 451) that bans discrimination on the basis of a person's hairstyle or type and texture of hair. LB 451 will take effect three months after the 2021 legislature adjourns, or around the end of August 2021.

Background:

The Nebraska Fair Employment Practices Act (FEPA) prohibits employers with 15 or more employees from discriminating against applicants and employees on the basis of race, among other protected characteristics.

LB 451:

LB 451 amends the Nebraska FEPA's definition of race to include characteristics such as skin color, hair texture, and protective hairstyles (such as braids, locks, and twists).

Safety Exception:

Employers may implement bona fide health and safety standards that regulate characteristics associated with race if the employer demonstrates:

• With reasonable certainty that not implementing the standard would impair the individual's health and safety;
• The standard is adopted for nondiscriminatory reasons and is applied equally; and
• That they've engaged in good faith efforts to reasonably accommodate the applicant or employee.

Compliance Recommendations:

Nebraska employers should review their dress codes, appearance policies, and training to ensure they avoid restrictions on hairstyles historically associated with race and that they comply with LB 451. Please contact your dedicated service professional with any questions.