GNYADA April 2019 Newlsetter

10 NYC Bans Hair Discrimination

perceived discrimination against peo- ple of color. Examples of such poli- cies include employers who previ- ously asked employees to chemically straighten their hair, limit the size of their hair, or take other steps to change their hair from anything natural or closely associated to their identity. The guidance states that forcing employees to change their hairstyle is perceived as a form of racism and, therefore, prohibited under New York City Human Rights Law. Examples of discrimination on the basis of hair include: An employer asking a person of color to change their hairstyle from one that is considered natu- ral or closely associated with their identity, such as twists or braids, to one that conforms to the company’s appearance stan- dards. An employer banning hair that extends a certain number of inch- es from the scalp, thereby limit- ing Afros, or requiring people of n n

Dress codes and appearance policies are important tools that dealers can use to set expectations about the dealership’s image, culture, and goals. For example, dealers can pro- hibit piercings and tattoos to project a professional image to clients, but only if done so in a consistent man- ner. Notably, if an employee asserts a religious basis for a piercing or tat- too, an exception must be granted depending on whether the request for an exception is based on a sincerely held religious belief and, if so, whether allowing the exception would create an undue hardship to the dealer. Recent developments highlight how important it is for employers to pro- tect themselves from discrimination claims while protecting the rights of their employees. In New York City, employers can no longer ask employ- ees to change their hairstyle after guidance from the NYC Commission on Human Rights banned the practice last month. Although the ban speaks to hair in general, it is clear from the examples provided by the City that the impetus for the legislation was

color to straighten or relax their hair. An employer forcing people of color to obtain a supervisor’s per- mission before changing their hairstyle, but not requiring the same from other people. An employer refusing to hire a person of color with a hairstyle closely associated with their iden- tity, such as cornrows, because the hairstyle does not fit the “image” the employer is trying to project for sales representatives. Additionally, employers cannot use a health or safety concern as a way to ask their workers to change a hair- style. Instead, employers must exhaust every other possible alterna- tive before imposing a ban or restric- tion. Alternatives can include hair- nets, ties, and other options. Dealers should review their existing grooming and appearance policies to eliminate any policy that may violate this recent guidance interpreting the city human rights law. n n

Key Fob Replacement Service Contracts 11

Key fobs are costly to replace in the event they are inoperable, lost, damaged or stolen. These fobs use sophisticated theft deterrence technology which involves microchips uniquely programmed for each individual key and, often allow for convenient keyless entry and keyless or remote start. GNYADA supported a Senate bill which would allow dealers to sell key fob replacement service contracts.

Service Contracts Dealers Can Now Sell Currently dealers may offer service contracts to consumers that cover: n Tire damage from road hazards; n Chips and cracks to windshields, and n Paintless dent repair.

The bill allowing dealers to sell key fob replacement service contracts passed the Senate and GNYADA is working on getting the bill through the Assembly and signed by the Governor.

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Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • April 2019