By Robert G. Brody and William C. Collins
State CROWN laws have exhibited growing popularity since the passage of the first CROWN Act in 2019. CROWN, which stands for “Creating a Respectful and Open World of Natural Hair,” establishes legal protections for those displaying ethnic hairstyles. While there is no federal equivalent, more than half of U.S. states currently have a CROWN law – with more to come.
CROWN laws protect hairstyles such as “braids, locs, tight coils or curls, corn rows, Banto knots, Afros, twists, and head wraps.” In a few states, even unnatural hair colors are protected. The laws usually create a private right of action for discrimination based on these hairstyles, exposing employers to potential lawsuits.
California passed the first CROWN Act in 2019. Since then, 27 states along with Washington D.C. have passed similar laws. Vermont is the latest state to pass such a law, doing so in late 2024. Eight states have implemented such laws since 2023, and this trend looks set to continue as 17 states have CROWN legislation pending. This trend is not exclusive to blue states such as California and New York; red states such as Arkansas, Louisiana, and Tennessee also have CROWN laws in effect.
Despite advocacy efforts, there is currently no federal CROWN law. However, employers should note previous EEOC guidance stated adverse action against an employee based on hair style and texture may constitute evidence of race discrimination. Thus, even without a CROWN law, the federal and state discrimination agencies are likely to find CROWN type violations. As such, it is advisable for all employers to comply with the CROWN law concept, or risk prosecution.
