VERMONT IS ONE OF A GROWING LIST OF STATES TO PROHIBIT HAIR AND HAIRSTYLE DISCRIMINATION

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Rachael Luken Carp

July 1, 2024

Today, July 1, 2024, Vermont became the latest state to update its anti-discrimination laws to include hair and hairstyle protections within the definition of “race.”  Vermont’s CROWN Act will prohibit hairstyle discrimination in employment and in public accommodations, schools, and housing.  CROWN stands for Creating a Respectful and Open World for Natural Hair.

The new law amends Vermont’s Fair Employment Practices Act (21 V.S.A. § 495d) and its Fair Housing & Public Accommodations Act (9 V.S.A. § 4501) to include the following language:

“Race” includes traits associated with or perceived to be associated with race, including hair type, hair texture, hairstyles, and protective hairstyles.  As used in this subdivision, the term “protective hairstyles” includes hairstyles such as individual braids, cornrows, locs, twists, Bantu knots, afros, afro puffs, and other formations, as well as wigs, headwraps, and other head coverings.

See 21 V.S.A. § 495d(17) and 9 V.S.A. § 4501(13).  The full text of the Act can be found here.

More than 20 states have implemented CROWN laws making it illegal to discriminate against someone because of hair types or styles traditionally associated with race.  The states with CROWN laws include: California, Colorado, Connecticut, Delaware, Louisiana, Maine, Maryland, Michigan, New Jersey, New York, Oregon, Texas, and Washington.  In April of this year, U.S. Representative Bonnie Watson Coleman (D. N.J.) introduced the federal Crown Act of 2024 in the House of Representatives to prohibit discrimination based on hair texture or style.  The text of the Bill can be found here.

The passage of and efforts to pass these laws are representative of a national movement to end hair discrimination.  Employers in Vermont and elsewhere should revisit their employee policies and manuals to ensure that they comply with the text and the purpose of the laws.

 

The author of this article, Rachael Luken Carp, is a member of the Bars of New Jersey, New York, and Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in New Jersey, New York, Pennsylvania, Vermont, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.

 
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