On July 26, 2022, Massachusetts Governor Charlie Baker signed the Creating a Respectful and Open World for Natural Hair Act (“CROWN Act”) into law, making Massachusetts the 18th state to enact legislation aimed at protecting against discrimination on the basis of hairstyles that are historically associated with race. The CROWN Act will go into effect October 24, 2022, 90 days after Governor Baker signed the bill.
The Massachusetts law amends the definition of “race” across several Massachusetts statutes, including but not limited to the public accommodations law (M.G.L. c. 272), and the Massachusetts Fair Employment Practices Act (M.G.L. c. 151B), to provide that protections against discrimination include “traits historically associated with race, including but not limited to, hair texture, hair type, hair length, and protective hairstyles.” See H.B. 4554. These amendments expose Massachusetts employers to potential discrimination claims brought by employees alleging employment discrimination on the basis of their hairstyle. Employers who are found to be in violation of the CROWN Act will be liable for compensatory damages, including for instance lost pay, as well as possible punitive damages and attorneys’ fees. The law further defines “protective hairstyles” to include “braids, locks, twists, Bantu knots, hair coverings and other formations.” In addition, the law expressly prohibits schools and related organizations from implementing or creating policies or codes...
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