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On March 18, 2022, the U.S. House of Representatives passed bill H.R. 2116, known as the CROWN Act of 2021 (the "Creating a Respectful and Open World for Natural Hair Act of 2021"). If enacted into law, the CROWN Act of 2021 would ban race-based hair discrimination at the federal level. The bill specifically prohibits failing or refusing to hire, terminating, or discriminating against an individual based on hair textures or hairstyles commonly associated with a particular race or national origin. The bill lists the following as hairstyles that would be protected: hairstyles in which hair is tightly coiled or tightly curled, locs, cornrows, twists, braids, Bantu knots, and Afros.
This legislation comes nearly ten years after an employee unsuccessfully sued her employer for requiring her to cut her dreadlocks to allegedly fit the employer’s grooming standards. In May 2010, Catastrophe Management Solutions (CMS) revoked its job offer to Chastity C. Jones to work as a customer service representative after she refused a request from human resources to change what Jones believed to be a natural hairstyle. In 2013, the Equal Employment Opportunity Commission filed a lawsuit on Jones's behalf against CMS. However, an Alabama district court ruled CMS's refusal to hire Jones because she wore dreadlocks did not violate federal civil rights law. In 2016, the 11th Circuit Court of Appeals upheld the district court's ruling.
The CROWN Act of 2021 notes that hair texture and hairstyle have been used throughout U.S. history, in conjunction with skin color, to classify people on the basis of race. It further notes that racial and national origin discrimination occurs as a result of biases and stereotypes associated with hair texture and style. A 2019 study from the CROWN (Creating a Respectful and Open World for Natural Hair) Coalition indicates that Black women are 1.5 times more likely than non-Black women to be sent home from the workplace because of their hair and are 80% more likely to agree with the statement, “I have to change my hair from its natural state to fit in at the office.”
Current Status of the Bill
The bill is headed to the U.S. Senate for a vote. The White House commented, "The President believes that no person should be denied the ability to obtain a job, succeed in school or the workplace, secure housing, or otherwise exercise their rights based on a hair texture or hairstyle." Despite President Biden's strong support for the bill, the narrow Democratic majority in the Senate may result in the CROWN Act falling short of approval.
Several states already implemented their own versions of the CROWN Act. In fact, California was the first state to adopt the law in July 2019. The federal bill and California's CROWN Act are nearly identical regarding workplace discrimination. You can find our previous article on California's CROWN Act here.
California started a wave. After California's enactment, dozens of other states passed the CROWN Act. At this time, the following states have CROWN Acts in place: Colorado, Connecticut, Delaware, Maryland, Nebraska, New Jersey, New Mexico, New York, Oregon, Washington, and Virginia.
Implications and Recommendations
California employers are subject to California’s version of the CROWN Act whether or not the U.S. Senate approves the federal bill. Employers should revisit their EEO/Anti-discrimination policy, hiring policies, and dress code and grooming policies to ensure that they are neutral and inclusive. Any policy regarding race should be amended to include hair texture or protective hairstyles, such as, braids, locks, twists, or bantu knots. As previously advised in our article on California's CROWN Act, employers should add a segment on the new law to their anti-harassment training program.
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