In this series, we will explore some of the ways states vary from one another in their employment laws.

While many of these posts focus on a single state or small group of states, this post focuses on a movement that has now spread to a majority of states. Efforts have been in place for years to introduce legal protections related to hairstyles typically associated with African Americans. A group of advocacy organizations has lobbied both the federal government and state governments across the country to pass CROWN (Create a Respectful and Open Workplace for Natural Hair) laws. California was the first state to pass such a law in 2019, and as of late 2024, 27 states and the District of Columbia had passed such laws. Passage of CROWN laws does not necessarily depend on a state’s political leanings. While states such as California, Illinois, and New York have unsurprisingly passed such laws, states such as Alaska, Arkansas, and Tennessee have CROWN laws in effect as well, and CROWN legislation has been introduced in several states where such laws are not yet in effect.

As an example of such a law, Illinois’ CROWN Act, which was enacted on January 1, 2023, expanded the Illinois Human Rights Act’s definition of race to include “traits associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists.”  While the federal government currently has not passed a CROWN law, the EEOC has previously issued guidance stating that adverse action against an employee because of hair texture may constitute evidence of race discrimination.

Even though not all states currently have CROWN laws, such laws are being enacted quickly and likely will soon be in place in most of the country. Employers should review their dress code and appearance policies to ensure that they do not prohibit hairstyles historically associated with race.