Vermont has enacted legislation (House Bill 363), which expressly prohibits employers from discriminating against individuals on the basis of traits associated with race, including hair texture and hairstyles. House Bill 363 takes effect on July 1, 2024.
The Details
Vermont’s Fair Employment Practices Act (FEPA) prohibits an employer from discriminating against an individual on the basis of race and certain other characteristics.
House Bill 363 makes clear that the definition of race includes traits historically associated with race, including, but not limited to, hair type, texture and protective hairstyles.
For purposes of the law, protective hairstyles include, but aren’t limited to, afros, braids, locs and twists.
Next Steps
- Review dress codes, appearance policies and training to ensure compliance with House Bill 363.
- If your policy simply indicates that employees must maintain kempt hair, consider clarifying that kempt means that the hair is clean and well combed or arranged, and that employees can comply with a variety of hairstyles that meet those criteria.