Massachusetts has recently become the 18th state to enact a Creating a Respectful and Open World for Natural Hair (CROWN) Act prohibiting discrimination against natural and protective hair, including hair texture, hair type, and hair length.

The CROWN Act expands the definition of race discrimination to include traits historically associated with race, e.g., braids, locks, twists, Bantu knots, hair coverings, and other formations.” The term “traits historically associated with race” is broadly defined and intended to protect the broadest variety of hairstyles. Hairstyle-based discrimination lawsuits were generally unsuccessful prior to the introduction of these laws.

In July 2019, California was the first state to enact a CROWN Act. Since then, 17 other states from coast to coast have enacted similar laws, including: Colorado, Connecticut, Delaware, Illinois, Louisiana, Maine, Massachusetts, Maryland, Nebraska, Nevada, New Jersey, New Mexico, New York, Oregon, Tennessee, Virginia, and Washington.

In other states without CROWN Act legislation, local municipalities and counties prohibit hair discrimination, including: Tempe and Tucson in Arizona; Broward County, Florida; Clayton County, East Point, South Fulton, and Stockbridge in Georgia; Covington and Louisville in Kentucky; Ann Arbor, Ingham County, and Genesee County in Michigan; Kansas City and St. Louis in Missouri; Charlotte, Durham, Greensboro, Orange County, Raleigh, and Wake County in North Carolina; Akron, Cincinnati, Columbus, and Newburgh Heights in Ohio; Philadelphia and Pittsburgh in Pennsylvania; and Dane County, Wisconsin.

Efforts to create this discrimination protection have also been taken at the federal level. A nationwide CROWN Act was passed by the House of Representatives with a bipartisan vote, and referred to the Senate in March 2022, but its chances of success in the upper chamber remain unclear.

For now, employers in jurisdictions that have enacted CROWN laws should review [see jurisdictions for states] existing antidiscrimination policies, dress codes, grooming policies, and handbooks to ensure compliance. Employers should also consider incorporating training for employees and managers to help ensure compliance in hiring, disciplinary, or other personnel decisions.

Have questions about your state’s CROWN act or need assistance modifying employer policies for compliance? Don’t worry – we are here to help!

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