The Crown Act
On July 3, 2024, Governor Chris Sununu signed into law, through HB 1169-FN, New Hampshire’s version of the Model CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair,” and prohibits the denial of employment and educational opportunities because of protected hairstyles.
History and Importance of the CROWN Act
New Hampshire is the 26th state in the United States to enact a version of the Model CROWN Act.
The Official Campaign of The CROWN Act is led by the CROWN Coalition, which was founded by Dove, National Urban League, Color of Change, and Western Center on Law & Poverty. According to the Campaign:
“The CROWN Act was created in 2019 by Dove and the CROWN Coalition, in partnership with then State Senator Holly J. Mitchell of California, to ensure protection against discrimination based on race-based hairstyles by extending statutory protection to hair texture and protective styles such as braised, locs, twists, and knots in the workplace and public schools.”
Before California, the New York City Commission on Human Rights (NYCCHR) issued their “Legal Enforcement Guidance on Race Discrimination on the Basis of Hair,” which explained that New York City’s Human Rights Law “protects the rights of New Yorkers to maintain natural hair or hairstyles that are closely associated with their racial, ethnic, or cultural identities.”
According to the Campaign, the 2023 CROWN Workplace Study, which surveyed 2,990 female identifying respondents in the US ages 25-64 (1,039 Black, 1,028 Hispanic, 1,064 white, with some respondents identifying as more than one race/ethnicity) between December 2022 and January 2023, found:
- Black women’s hair is 2.5x more likely to be perceived as unprofessional
- Bias against natural hair and protective styles can impact how Black women navigate the hiring process
- 2/3 Black women change their hair for a job interview, with 41% of them changing their hair from curly to straight
- Black women are 54% more likely to feel like they have to wear their hair straight to a job interview to be successful.
- Black women with coily/textured hair are 2x as likely to experience microaggressions in the workplace than Black women with straighter hair
- Over 10% of Black women 25-34 have been sent home from work because of their hair.
- 25% of Black women believe they have been denied a job interview because of their hair
Since the passing of the inaugural CROWN Act in California, 26 states have followed suit, including: Maine, Vermont, Massachusetts, Connecticut, and now New Hampshire.
RSA 275:37-e
RSA 275:37-e, which went into effect on September 1, 2024, creates a private cause of action for discrimination based on protected hairstyles. Specifically, RSA 275:37-e provides the following:
“No person shall be subjected to discrimination in employment because he or she wears a protective hairstyle. In this section, ‘protective hairstyles’ means hairstyles or hair type, including braids, locs, tight coils or curls, corn rows, Bantu knots, Afros, twists, and head wraps.”
The law provides that a person subjected to discrimination based on wearing a protective hairstyle shall have a private cause of action in Court. These individuals are exempt from the jurisdiction of the human rights commission and the provisions of RSA 354-A. The law does not apply to those employed by the department of corrections.
Public Schools
The new law also amends RSA 193:38, which already provides that “no person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in public schools because of their age, sex, gender identity, sexual orientation, race, color, marital status, familial status, disability, religion, or national origin, all as defined in RSA 354-A.” “Race” is now expanded to include “immutable traits associated with race, including hair texture and protective hairstyles.” “Protective hairstyles” means hairstyles or hair type, including braids, locs, tight coils or curls, cornrows, Bantu knots, Afros, twists, and headwraps.
Federal CROWN Act
While many states, now including New Hampshire, have taken steps to prohibit discrimination on the basis of protected hairstyles, it is not yet prohibited on a federal level. Efforts have been made to try and change that. The CROWN Act was reintroduced in the U.S. House of Representatives on April 30, 2024, sponsored by a group of 84 lawmakers lead by Rep. Bonnie Watson Coleman, D-N.J. The bill was previously passed in 2019 and 2022 by the House, but the Senate blocked the efforts. The following day, Sen. Cory Booker (D-NJ) introduced it in the Senate.
If enacted, the law would prohibit hair-based discrimination against anyone participating in federally assisted programs, housing programs, employment, schools and public accommodations.
RSA 354-A
While New Hampshire’s anti-discrimination statute, RSA 354-A, already prohibits discrimination in employment, in places of public accommodation, and in house accommodations based on protected characteristics, the State’s passing of the CROWN Act underscores New Hampshire’s commitment to prohibiting discrimination in employment and public schools based on protected hairstyles.
Other Grooming Protections
The EEOC has long recognized that religious hairstyles are protected, stating that Tite VII applies to any practice that is motivated by a religious belief, which may include adhering to shaving or hair length observances. The EEOC provides:
“Title VII requires an employer, once it is aware that a religious accommodation is needed, to accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless doing so would pose an undue hardship. Therefore, when an employer's dress and grooming policy or preference conflicts with an employee's known religious beliefs or practices, the employer must make an exception to allow the religious practice unless that would be an undue hardship on the operation of the employer's business.”
Next Steps
Now that the CROWN Act is law, New Hampshire employers should:
- Review their personnel policies related to grooming policies and dress codes, as well as their recruiting practices, to ensure compliance with the CROWN Act, and ensure:
- Policies are narrowly-tailored to the employer’s business interests
- In the case of health and safety, offer multiple options to accommodate various hair textures and styles
- Apply policies consistently
- Educate employees and managers through training
Additionally, employees should feel welcome to raise issues to their employers about this discrimination. If you are unsure the best way to go about doing so, please reach out to one of our attorneys for guidance on this.
Contact One of Our Attorneys Today
If you are an employee and believe you have been discriminated against at your place of work because of your protected hairstyle, or if you are an employer or school who has questions about your responsibilities under the CROWN Act, please contact an Upton & Hatfield attorney today.