The CROWN Act: Preventing Hair Discrimination in the Workplace

What you’ll discover:

What distinguishes the CROWN Act from current legislation?
Do states have legislation against hair discrimination?
What does a prohibition on hair discrimination imply?
What should I do as a boss?

Virginia became the latest U.S. state to make hair discrimination unlawful on July 1, 2020. Virginia’s CROWN Act, which was passed earlier this year, prohibits discrimination based on hair, particularly “racial indicators” like hair type and texture. CROWN stands for Creating a Respectful and Open World for Natural Hair, and it explicitly protects people who wear their natural hair, especially protective styles like braids and locs, against discrimination. Many states, notably California and New York, have approved similar laws, and others are expected to follow suit. In light of this new regulation, we’ve addressed a few questions that you as an employer or employee may have.

What distinguishes the CROWN Act from current legislation?

During the past several years, the rules governing discrimination against people with natural hair have been at odds. A Federal Court ruled in 2016 that employers might lawfully fire or dismiss job applicants who choose to wear their hair in dreadlocks. Nevertheless, the branches of the United States Military repealed a restriction on protective and natural hairstyles in 2017, and numerous additional states have passed laws since then. With the CROWN Act just approved in Virginia and several states considering similar legislation, it seems that the prohibition on hair discrimination may become more common in the future.

Do states have legislation against hair discrimination?

The CROWN Act has been signed into law in the following states: New York, New Jersey, Maryland, Virginia, Colorado, Washington, and California. It has been filed or pre-filed in the following states: Massachusetts, Pennsylvania, Ohio, Michigan, Tennessee, Georgia, and Nebraska. The CROWN Act has also been presented at the federal level, however for the time being, you should consult with an attorney if you have issues concerning state and municipal legislation in your area.

What does a prohibition on hair discrimination imply?

Law such as the CROWN Act protects persons from being subjected to punitive penalties or other forms of discrimination because they choose to wear their natural hair or have their hair in a protective style. This implies that a youngster cannot be sent home from school or deemed to be in violation of the dress code if they wear their hair in braids. It also precludes a person from being refused or dismissed for the same reason.

What should I do as a boss?

If you are an employer in a state where natural hair discrimination is prohibited, you may revise your Employee Handbook or Anti-Discrimination Policy to reflect that change, and follow proper process for workers who believe they have been discriminated against. If necessary, you may also make changes to your Job Application. If you have concerns about how to guarantee your company is in compliance with anti-discrimination laws, or if you believe you have been discriminated against because you wear your natural hair, consult with a lawyer.