Roundup: US employer resources on hairstyle discrimination laws

Contributor

Stephanie Rosseau

Principal, Mercer’s Law & Policy Group
Contributor

Fiona Webster

Principal, Mercer’s Law & Policy Group

October 28, 2024

The Creating a Respectful and Open World for Natural Hair (CROWN) Act movement in the US aims to prohibit discrimination based on natural hair texture or hairstyles that are normally associated with race, such as braids, locs, twists, curls, cornrows, afros, head wraps or bantu knots. The official campaign of the CROWN Act is led by the CROWN Coalition. Federal legislation (HR 8191), supported by the Biden administration, was reintroduced in the House in April 2024 — it had passed the House during the last session of Congress but was not enacted. Twenty-five states have already passed CROWN Acts, as well as numerous local governments, and many others are considering legislation. To help employers ensure their employee handbooks and appearance policies are nondiscriminatory and in compliance with federal, state and local laws, this roundup provides links to federal and state resources from organizations, government websites, third-party resources and news articles.

Federal

Existing federal law prohibits some forms of hair discrimination as a type of racial, religious or national origin discrimination, but some federal courts have narrowly construed these protections. The CROWN Act (HR 2116), which bans discrimination based on hair textures and hairstyles that are commonly associated with a particular race or national origin, passed the House of Representatives during the last session of Congress by a 235-189 vote — but was not enacted. The Biden administration has endorsed the legislation, saying it would “bolster the strength of our economy and advance equal opportunity for all Americans.”

HR 2116 (Congress, March 18, 2022)
Dove and the CROWN coalition applaud the US House of Representatives for passing the CROWN Act (The CROWN coalition, March 21, 2022)
Hands off my CROWN! What employers should know about the rise of hair discrimination laws (Littler, April 27, 2022)
Yes, we need a law protecting Black people against hair discrimination (The Washington Post, April 11, 2022)
The CROWN Act highlights years of workplace hair discrimination finally being legally reprehensible (Fortune, March 21, 2022)
Booker applauds bipartisan vote in house to pass CROWN Act (Cory Booker, March 18, 2022)
US house passes CROWN Act that would ban race-based hair discrimination (CNN, March 18, 2022)
With House passage of the CROWN Act, black natural hairstyles move closer to federal protection (Lawyers Committee for Civil Rights, March 18, 2022)
US House passes bill preventing race-based hair discrimination (Jurist, March 18, 2022)
House passes CROWN Act banning discrimination against Black hairstyles (NBC, March 18, 2022)
Statement of administration policy (Executive Office of the President, March 15, 2022)
The house tried to pass a bill banning race-based discrimination against Black people based on how they wear their hair. Nearly all Republicans voted no. (Politico, March 1, 2022)
Republican obstructionists delay passage of the CROWN Act (Rep. Bonnie Watson Coleman, Feb. 28, 2022)
Bill banning black hairstyle discrimination fails House vote (Bloomberg Law, Feb. 28, 2022)
Sen. Booker, Rep. Watson-Coleman reintroduce the CROWN Act (Cory Booker, March 27, 2021)
HR 2116 — a bill to prohibit discrimination based on an individual’s texture or style of hair (Congress, March 19, 2021)
Reps. Pressley, Watson Coleman, Lee, Omar, Moore seek support from VP Harris on passage of CROWN Act in both chambers this Congress (Rep. Ayanna Pressley, March 22, 2021)
Diversity in the works: The CROWN Act — A root to end overview for employers on hair discrimination laws and the impact on employer grooming codes (Ford Harrison, March 1, 2021)
Untangling discrimination: The CROWN Act and protecting black hair (University of Cincinnati Law Review, February 2021)
The CROWN Act makes waves across the country to end hair discrimination (Forbes, Jan. 13, 2021)
Research suggests bias against natural hair limits job opportunities for Black women (Duke School of Business, Aug. 12, 2020)
Religious garb and grooming in the workplace: Rights and responsibilities (Equal Employment Opportunity Commission (EEOC), March 6, 2014)
Appearance and grooming standards (EEOC, April 19, 2006)

States

Currently, 20 states have enacted CROWN legislation (California, Colorado, Connecticut, Delaware, Illinois, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, Oregon, Tennessee, Texas, Virginia and Washington), and the Virgin Islands. Other local governments have also passed versions of the legislation, and numerous other states are considering action.