More States Are Saying “No” to Hair Discrimination

Follow us on LinkedIn to see future News.

July 27, 2023

Michigan, Arkansas, Minnesota, and Texas are among the latest states to adopt versions of the CROWN Act (the “Act”), joining approximately 19 other states across the country.  CROWN is an acronym for “Creating a Respectful and Open World for Natural Hair.”  The purpose of the Act is to prohibit race-based discrimination because of hair texture or protective hairstyles.

Michigan
On June 15, 2023, Michigan officially enacted its version of the CROWN Act.  Specifically, Michigan’s Senate Bill 90 amended the state’s Elliott-Larsen Civil Rights Act to expand the protected status of “race” to include “hair texture and protective hairstyles.”  The amendment further provides that “protective hairstyles” include, but are not limited to, “braids, locks, and twists.”

Arkansas
Effective July 31, 2023, the CROWN Act will become law in Arkansas.  Pursuant to the State’s House Bill 1576, the Arkansas Civil Rights Act of 1993 will be amended to expand statutory protections to prevent against hair discrimination, as follows:

• “Because of national origin” includes, without limitation, on account of natural, protective, or cultural hairstyle
• “Because of race” includes, without limitation, on account of a natural, protective, or cultural hairstyle
• “Ethnic animosity” includes, without limitation, on account of a natural, protective, or cultural hairstyle
• “Natural, protective, or cultural hairstyle” includes, without limitation, afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance
• “Racial animosity” includes, without limitation, on account of a natural, protective, or cultural hairstyle

Minnesota
On August 1, 2023, Minnesota will, in part, adopt the CROWN Act through revision of the State’s Human Rights Act.  The revision, contained in Minnesota’s House File 37, will expand the definition of “race” to include “traits associated with race, including but not limited to hair texture and hair styles such as braids, locs, and twists.”

Texas
On September 1, 2023, Texas will implement its version of the CROWN Act, in part, by amending Chapter 21 of its Labor Code.  These changes are reflected in Texas’s House Bill 567.  Specifically, on September 1, discrimination because of race or on the basis of race will include “discrimination because of or on the basis of an employee’s hair texture or protective hairstyle commonly or historically associated with race.”  Moreover, it will be illegal for an employer to adopt a dress or grooming policy that discriminates against a hair texture or protective hairstyle commonly or historically associated with race.  “Protective hairstyle” includes braids, locks, and twists.

Takeaways for Employers
Employers in Arkansas, Michigan, Minnesota, and Texas should review their policies and practices – including their equal employment opportunity policies, dress and grooming policies, and anti-discrimination and anti-harassment policies – to ensure that they are consistent with these new laws.  Employers also should train their hiring and human resources personnel, as well as their managers, on these new laws to ensure awareness and compliance.

This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice.  Always consult an attorney with specific legal issues.