Since 2019, 12 states (California, Colorado, Connecticut, Delaware, Maryland, Nebraska, New Jersey, New Mexico, New York, Oregon, Virginia and Washington – along with numerous cities) have enacted the CROWN Act (Creating a Respectful and Open Workplace for Natural Hair) to prohibit discrimination on the basis of natural hairstyle. Illinois, Louisiana, Maine and Tennessee already prohibit discrimination on the basis of numerous protected characteristics, including race, ethnicity and national origin. The states’ civil rights law make it unlawful to discriminate against a job applicant or employee with respect to the terms and conditions of employment based on a protected characteristic. Illinois, Louisiana, Maine and Tennessee have now joined other jurisdictions in enacting the CROWN Act.
The Illinois CROWN Act redefines “race” to expressly include “traits historically associated with race” including “hair texture and protective hairstyles.” A “protective hairstyle” includes such hairstyles as braids, locks and twists. Maine’s CROWN Act is similar, defining “race” to include hair texture, protective hairstyles and Afro hairstyles. In Illinois and Maine, it will be an unlawful discriminatory act or practice to refuse to hire an applicant or take adverse action against an employee with a protective hairstyle. Illinois’ law takes effect on January 1, 2023. Maine’s law takes effect on July 19, 2022.
Louisiana further extends its CROWN Act to also...
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