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Minnesota passes law banning hair discrimination

February 2023 employment law letter
Authors: 
Colleen Kaufenberg, Felhaber Larson

On February 1, 2023, Minnesota Governor Tim Walz signed the CROWN Act, whose name stands for “Creating a Respectful and Open World for Natural Hair.” The law prohibits race discrimination based on natural hair texture and protective hairstyles. At least 18 other states have passed similar laws. A federal bill passed the U.S. House in 2022, led by Black women lawmakers including Representative Ilhan Omar (D-MN), but failed in the Senate.

What the CROWN Act does

The legislation adds protections to the Minnesota Human Rights Act for “traits associated with race, including but not limited to hair texture and hair styles such as braids, locs, and twists.” It protects a person’s decision, free from discrimination, to wear their natural hair in the workplace and in school.

The Act is intended to safeguard people whose natural hair styles have been treated as “unprofessional” or in violation of employers’ or schools’ dress code policies. The new law will go into effect on August 1, 2023.

The law doesn’t apply to unnatural colors such as pink or blue hair, for example, or supersede military or safety laws.

Bottom line

You should review your policies and handbooks to ensure they are broad enough to prohibit discrimination based on traits associated with race, such as natural hair and hair styles, including but not limited to braids, locs, and twists. You should also train your managers, HR staff, and other employees involved in interviewing and hiring decisions on the policies regarding employees’ appearance.

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