For years, American employers have enforced employee dress and grooming standards, some of which include standards on hairstyles. In the past, the U.S. Equal Employment Opportunity Commission (EEOC) has indicated that “race” includes more than the color of an individual’s skin; it includes other physical and cultural characteristics associated with race, and more particularly, hair. However, guidance from the courts has not been quite so clear, and in some instances directly contradictory. Given that lack of clarity, there has been legislative movement to ensure such traits have clear protection under discrimination laws.
The Federal CROWN Act (H.R. 2116)
Just last month, the U.S. House of Representatives passed H.R. 2116, known as the CROWN Act, which stands for Creating a Respectful and Open World for Natural Hair Act. This bill, if fully enacted, would ban race-based hair discrimination in workplaces, federal programs, and places of public accommodation. The bill would enact policies first introduced and passed in California in 2019, and since adopted in Oregon, Washington, and several other states. To date, it has not received action in the U.S. Senate, where its fate is uncertain.
State CROWN Acts
While the federal government is debating the merits of the CROWN Act, 15 states have already passed some version of the CROWN Act, including the three West Coast states.
As of 2021, the discrimination statutes of California, Washington, and Oregon all explicitly define race...
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