Co-funded by the European Union

Puerto Rico: Law Against Discrimination Based on Hairstyles (Senate Bill 1282) enacted

  • The introduction of the "Ley Contra el Discrimen Por Razón de Estilos de Cabello" on July 24, 2024, marks a significant step in Puerto Rico's legislative efforts to combat racial discrimination.
  • This law addresses the discriminatory and bias practices against hairstyles and hair textures commonly associated with specific racial and national identities.
  • It amends several existing laws, including the "Ley de Relaciones del Trabajo para el Servicio Público de Puerto Rico" and the "Ley para prohibir y prevenir el Acoso Laboral en Puerto Rico."

According to the new law, employers are prohibited from discriminating against employees based on hairstyles and hair textures associated with racial and national identities, including afros, locs, braids, twists, and Bantu knots.

The law applies to both the public and private sectors and affects employment, education, housing, and access to public services.

All public agencies and private institutions must adjust their personnel regulations to state this new public policy against hair discrimination clearly.

The bill is a follow-up to the original 2021 legislation that stalled in the House of Representatives.

Businesses should consider the following steps to comply with this new legislation and promote an inclusive workplace:

  • Review and Update Policies: Ensure company policies explicitly prohibit discrimination based on hair texture and hairstyles. This includes updating employee handbooks, dress codes, and grooming policies.
  • Training and Education: Conduct training sessions for management and staff to raise awareness about hair discrimination and the importance of cultural sensitivity and inclusivity in the workplace.
  • Support and Resources: Provide resources and support for employees who may face discrimination based on their hair. This could include establishing a reporting mechanism for discrimination and offering cultural competency training.

For employers, this law presents an opportunity to foster a more inclusive and diverse workplace culture.

Before the new law was enacted, Puerto Rico was already safeguarded against discrimination through its existing laws, constitution, and the protections provided by Title VII of the Civil Rights Act. However, as a U.S. territory, Puerto Rico was impacted by a 2016 ruling from an Alabama court, which determined that it was lawful to discriminate against dreadlocks during the hiring process, without violating Title VII.

This law aligns with a broader movement influenced by the CROWN Act in the U.S. (Create a Respectful and Open World for Natural Hair Act), which aims to eliminate hair-based discrimination nationwide. By protecting cultural identity and promoting fairness in the workplace, this law ensures equal opportunities and reduces unjust barriers to employment in Puerto Rico.