Natural hair, don't care: New Jersey bans hair-based discrimination

Late last year, Governor Phil Murphy signed an amendment to the New Jersey Law Against Discrimination (NJLAD) banning discrimination against a person's hairstyle or texture. The amendment was designated as the Create a Respectful and Open Workspace for Natural Hair (CROWN) Act.

What is the CROWN Act?

Although the NJLAD already bans discrimination based on race and ethnicity, the CROWN Act makes clear the definition of "race" is inclusive of traits historically associated with race, including hair texture, hair type, and protective hairstyles. It specifically cites braids, locs, and twists as protected hairstyles but also notes the law isn't limited to protecting only those hairstyles—others may fall under its protection as well. The Act was effective immediately and applies not only to the workplace but also to schools and places of public accommodation.

Employers also will be subject to the remedies available under the NJLAD, which include monetary penalties in an amount not to exceed $10,000 for a first violation, $25,000 for a second violation within five years, and up to $50,000 for a third and subsequent violations within seven years.

NJ DCR guidance

The CROWN Act codifies portions of enforcement guidance issued in September 2019 by the New Jersey Division of Civil Rights (DCR). The DCR's guidance advised that the NJLAD's discrimination ban encompasses hairstyles that are inextricably intertwined with or closely associated with other protected characteristics, such as hairstyles associated with a particular religion.