Illinois employers will face a host of new requirements in 2023. Below are updates and reminders regarding certain aspects of the new labor and employment landscape in Illinois.
CROWN Act
As of January 1, 2023, the Illinois Human Rights Act’s (IHRA) definition of “race” has been amended to include “traits associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists.” The amendment is called the CROWN Act, which stands for Create a Respectful and Open Workplace for Natural Hair.
Although the open-ended wording of the amendment raises the possibility of employees pressing for additional traits to be protected under the umbrella of “race,” this much is certain: Harassment or adverse employment actions taken on the basis of an employee’s traditional hairstyles now risk discrimination claims.
The IHRA states, however, that nothing in its list of prohibited forms of discrimination “prohibits an employer from enacting a dress code or grooming policy that may include restrictions on attire, clothing, or facial hair to maintain workplace safety or food sanitation.” The IHRA also includes a bona fide qualification exemption that permits hiring or selecting between persons for bona fide occupational qualifications.
Illinois joins a growing number of jurisdictions that have passed similar legislation, including California, Colorado, Connecticut, Louisiana, Maine, Massachusetts, Nebraska, New Jersey, New York, Oregon,...
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