Effective July 1, 2024
On April 25, 2024, Governor Phil Scott signed Act 92 (the “Act”), which expanded the definitions of “race” under Vermont law to include characteristics associated with or perceived to be associated with race, such as hair type, hair texture, hairstyles, and protective hairstyles. The law went into effect on July 1, 2024. This is based on a growing number of states enacting what are called “CROWN” acts, which stands for “Create a Respectful and Open World for Natural Hair”.
What is a Protective Hair Style?
Protective hairstyles are defined to include individual braids, cornrows, locs, twists, Bantu knots, afros, afro puffs, and other hair formations, along with wigs, headwraps, and other head coverings.
Fair Employment Practices Act (“FEPA”)
Under FEPA, it is unlawful “for any employer, employment agency, or labor organization to harass or discriminate against any individual because of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, or age or against a qualified individual with a disability.”
What does this mean for employers?
Employers should review and update their dress codes and grooming policies to confirm that they are compliant with the Act. Practically, this means that employers should ensure that these policies are clearly connected to the company’s business interests and are inclusive of the hair styles and textures that are now outlined and protected under FEPA. Managers and supervisors should also be trained to understand the law and not screen applicants based on this newly protected status.
Fair Housing & Public Accommodations Act
Vermont’s Fair Housing & Public Accommodations Act make it unlawful to discriminate based on a person’s race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability during the use of a place of public accommodation or in the sale or rental of real estate. The act defines public accommodations as any school, restaurant, store, establishment, or other facility at which services, facilities, goods, privileges, advantages, benefits, or accommodations are offered to the general public.
What does this mean for businesses that are considered public accommodations?
A public accommodation is considered any school, restaurant, store, establishment, or other facility at which services, facilities, goods, privileges, advantages, benefits, or accommodations are offered to the general public. The Fair Housing & Public Accommodations Act already barred discrimination based on race and other protected classes. The Act clarifies race to explicitly recognize how certain hair textures and styles are associated with it. Companies that are open to the public should make sure that their operations with the general public are compliant with the expanded definition of race.
What does this mean for realtors or people selling or renting real estate and other dwellings?
Like operators of public accommodations, the Fair Housing & Public Accommodations Act already barred discrimination based on race. Therefore, realtors and people selling or renting real estate should be vigilant and aware that their actions do not discriminate based on the hairstyles laid out in House Bill 363.
Here at Gravel & Shea, we are well versed in advising employers and realtors in these situations, as well as curating and updating policies to ensure that they are legally complaint. We also can provide safe and respectful trainings to help managers and supervisors spot discrimination and harassment within the workplace. We will closely monitor all guidance associated with the Act and provide more information as it becomes available.
Important Link:
House Bill 363: https://legislature.vermont.gov/Documents/2024/Docs/ACTS
Please contact Heather Hammond (hhammond@gravelshea.com) at
Gravel & Shea PC if you have questions or would like assistance.
