Puerto Rico prohibits discrimination against certain protective hairstyles

At a glance

• On July 24, 2024, the Law Against Discrimination Based on Hairstyles (Act) was signed into law by the Governor of Peurto Rico.
• The Act amends several statutes related to civil rights, anti-discrimination, and protection against harassment to include comments on or mockery of a person’s hairstyle.
• The Act prohibits employers from discriminating against persons in their employment because they have protective hairstyles or hair textures regularly associated with particular racial or national identities.
• The Act requires all employers and private educational institutions to adopt or modify their norms to prohibit discrimination based on protected hairstyles.

On July 24, 2024, the Act was signed into law by the Governor of Peurto Rico, which prohibits discrimination against individuals wearing certain hairstyles in Puerto Rico’s workplaces, schools, and housing opportunities. The prohibition applies to public and private sectors and takes effect immediately. Employers are encouraged to review their equal employment, anti-discrimination, dress code, and training policies to ensure compliance with the new law.

The Act amended several statutes related to civil rights, anti-discrimination, and protection against harassment, including the Puerto Rico Anti-Discrimination Act of 1959 and the Law to Prohibit and Prevent Workplace Harassment in Puerto Rico, to expand the definition of work harassment to include comments on or mockery of a person’s hairstyle.

Specifically, the Act prohibits employers from suspending, refusing employment, dismissing, or otherwise discriminating against persons in their employment because they have protective hairstyles or hair textures regularly associated with particular racial or national identities. The Act defines protective hairstyles as those used to maintain curly hair naturally, including, but not limited to, tight rolls or curls, locs, twists, braids, Bantu knots, and afros.

In addition, the Act provides that no person shall be denied any access, service, or equal treatment on public sites and businesses, as defined in the Puerto Rico Civil Rights Act, for having such protective styles or hair textures.

The Act further mandates the government to develop strategies to redress the systemic harm caused by discriminatory policies targeting the use of protective hairstyles and hair textures in any context, including in workplaces; prevent discrimination based on the use of protective hairstyles and hair textures; and establish clear, consistent, and enforceable legal standards for prosecuting cases of discrimination for the use of such protective hairstyles and hair textures.

Significantly, the Act requires all employers and private educational institutions to adopt or modify their norms to prohibit discrimination based on protected hairstyles. Accordingly, employers are encouraged to review their policies and training to ensure compliance with the new law.

Please contact the authors or your DLA Piper relationship partner if you have questions about the new Act or other employment requirements in Puerto Rico.