Hairstyle Discrimination and Workplace Violence Reporting

The following changes to Texas employment law take effect on September 1, 2023.

Texas Prohibits Hairstyle Discrimination

Texas joins the growing list of states that prohibit discrimination based on hairstyle. The state’s employment discrimination law, which applies to employers with 15 or more employees, has been expanded to prohibit discrimination on the basis of an employee’s hair texture or protective hairstyle commonly or historically associated with race. Protective hairstyles include braids, twists, and locks. If you have safety concerns with certain hairstyles or lengths, consider how those can be addressed short of all-out restrictions. For example, employees with long hair may be able to tie it back or cover it during hazardous activities. If you can’t resolve a conflict between protected hairstyles and safety, we recommend consulting with an attorney before taking adverse action against an employee.

Action Items

• Update your equal employment or anti-discrimination policy to include hair texture and protective hairstyles commonly or historically associated with race as a protected characteristic.
• Evaluate any dressing or grooming policies that limit hairstyles, including policies that contain indirect restrictions, such as those that require hair to be less than a certain length.
• Train managers and those involved in the hiring process to not make judgments about professionalism or cultural fit based on an applicant’s hairstyle.

Texas Requires Workplace Violence Reporting Notice

Employers of all sizes are required to post a notice containing the contact information for the Department of Public Safety for employees to report workplace violence or suspicious activity. The notice must be posted in English and Spanish in a conspicuous location in the workplace (or in multiple locations to ensure that all employees can easily view the notice). The state has been charged with creating a sample notice on or before March 1, 2024.

Action Item

Post the required notice in English and Spanish in a conspicuous location in the workplace (and electronically for remote employees) when it becomes available from the state.