Various shades of CROWN Act protect natural hairstyles against discrimination

Many have said the workplace tends to be society’s battlefield, where culture wars play out and emerging trends go up against long-established practices. The notion certainly holds true for the controversial issue of hair in the workplace. Traditionally, employers have created “professional” employee appearance standards that ban certain hairstyles such as cornrows, braids, twists, and dreadlocks (also called “locks” or “locs”). The policies could be facing potential litigation, however, because variations of the CROWN Act (which stands for Creating a Respectful and Open World for Natural Hair) have been introduced in 29 states and even at the federal level. Now more than ever, you must look at several federal, state, and local laws to ensure your employee handbooks and appearance policies are nondiscriminatory and legal.

Legal roots of the issue

Employees win one. One of the first employment law cases involving discrimination against natural hair occurred in Indiana in 1976. The employer had denied a promotion to an African-American employee for wearing an afro to work.

The U.S. 7th Circuit Court of Appeals (which governs employers in Illinois, Indiana, and Wisconsin) agreed employees could wear their natural afros in the workplace and would be protected under Title VII of the Civil Rights Act of 1964. The appellate court allowed the employee’s race discrimination lawsuit to proceed against the employer.