On July 3, 2024, New Hampshire Governor Chris Sununu signed into law a version of the CROWN Act becoming the 26th state to do so. The CROWN act which stands for “Creating a Respectful and Open World of Natural Hair” creates a private right of action for discrimination based on ethnic hairstyles, exposing employers to unexpected potential lawsuits. The law takes effect September 1, 2024.
The new law protects hairstyles such as “braids, locs, tight coils or curls, corn rows, Banto knots, Afros, twists, and head wraps.” Any discrimination based on these styles can lead to a civil lawsuit.
The underlying basis of the law is that these hairstyles are often tied to one’s ethnicity or culture. A national coalition advocating for CROWN acts, commissioned various studies to explain their concern. In 2023, one such study found that over 20% of black women between 25 and 34 years old have been sent home from work because of their hair. Furthermore, A quarter of the black women surveyed believe they were denied a job based on their hairstyle.
While Congress has yet to pass a federal CROWN Act, Democratic lawmakers have been pushing such legislation for years, reintroducing the federal bill this May. Despite lacking any federal status, similar laws have quickly spread from state to state since California created the first CROWN Act on July 3, 2019. This trend will likely continue.
While not every state has its own CROWN Act, discrimination based on such hairstyles may still be unlawful. Remember, the underlying premise is these are ethnic traits and as such, discrimination based on them is unlawful. To avoid unwanted lawsuits employers should train staff on this issue and evaluate dress codes, grooming policies, etc., for potentially unlawful policies.
Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560
