By law, employers cannot discriminate based on the demographic characteristics of employees or applicants. Specifically, you cannot treat someone differently because of their “race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information” (EEOC).
To be compliant, HR must follow this general rule as well as several specific regulations on different types of bias. For example, the CROWN Act prohibits racial discrimination based on color of skin. In this article, we explain what the CROWN Act entails, which states follow it, and what it means for employers.
What is the CROWN Act?
The acronym CROWN stands for “Creview Rrespectful and OPen BWorld for Nnatural hair.” It was originally introduced in 2019 to protect students and workers from racial discrimination based on natural hairstyles, including textured hair, braids, curls, twirls and knots.
Black women and girls are disproportionately affected by hair discrimination. For example, one study found that black women are 1.5 times more likely to be sent home from work because of their hair (The CROWN ActThe CROWN Act ensures that women, girls and anyone with a natural hairstyle are protected from this type of prejudice.
Why is the CROWN Act necessary?
In 2023, Dove and LinkedIn jointly commissioned the CROWN Workplace Research study. Its results paint a clear picture of hair discrimination:
- Black women with textured hair are twice as likely to experience microaggressions in the workplace as black women with straighter hair.
- Black women are almost twice as likely to feel they need to wear straight hair to succeed in a job interview.
- Black women’s hair is 2.5 times more likely to be viewed as unprofessional.
In many cases, it’s a form of unconscious bias. It could also be a problem with your employee handbook. (When was the last time you updated your company’s dress code?) But whatever the reason, these attitudes can make it difficult for black women to succeed in the workplace.
What does the CROWN Act mean for HR?
Since 2019, more and more states have adopted CROWN Act regulations. Be sure to consult your legal department to learn what applies to your company. If you are subject to one of these laws, HR should take the following steps:
- Review and revise your dress code and make sure it is free of bias.
- Update your onboarding practices and train HR managers as needed.
- Educate your human resources department about hair discrimination laws and teach them to recognize potential biases.
- Provide your employees with CROWN Act resources.
- Establish clear reporting channels so employees can report hair discrimination without fear of retaliation.
- Create a clear, unbiased workflow for investigating complaints, such as an anonymous form.
- Stay up to date on updates to local laws and be prepared to update your policy if necessary.
Want to take it a step further? HR can also work with employee resource groups (ERGs) to get feedback from their members and other employees. When you ask for their advice, be sure to follow it and address their concerns directly. This process can be difficult, but it’s a great way to build trust with everyone on your team.
Which states follow the CROWN Act?
By 2024, 25 U.S. states will have passed laws against discrimination based on hair color:
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Illinois
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Nebraska
- Nevada
- New Jersey
- New Mexico
- new York
- Oregon
- Tennessee
- Texas
- Vermont
- Virginia
- Washington
Kentucky has a similar law, but it only applies to state employees. Other states have considered but not passed CROWN Act regulations, and some legislators are pushing to pass federal legislation. Human resources can expect these laws to change significantly over the next few years. Stay in close contact with your legal department to keep your company compliant.
How Paycor helps
Paycor’s resources help leaders build company culture. For example, our AI-powered recruiting software is designed to reduce implicit bias in the hiring process. Once an employee is hired, anonymous pulse surveys collect feedback in an anonymous, psychologically safe environment so HR can identify discriminatory practices as soon as they occur. Discover how Paycor can help create an environment that prioritizes DE&I.
