Racial discrimination in the workplace doesn’t always involve denying someone a job or a promotion because of their race. There are many ways employers can discriminate against people based on their race.
That discrimination sometimes includes prohibiting people – particularly Black employees – from wearing their hair in a way that’s natural for them or denying them positions because of how they wear their hair. Common styles that have been the subject of discrimination both in the workplace and in schools include afros, Bantu knots, braids, coils and twists.
In recent years, various states have enacted what’s known as a CROWN Act. That stands for “Creating a Respectful and Open World for Natural Hair.” (There still is no federal CROWN Act.) Just before Thanksgiving, Gov. Josh Shapiro made Pennsylvania the 28th state to have a CROWN Act.
What does the new law mean for Pennsylvania employees?
The new law is actually an amendment to the Pennsylvania Human Relations Act (PHRA). It widens the definition of race to include “traits historically associated with race.” That includes hair texture and “protective” hairstyles.
This isn’t just a matter of employees being able to express their identity. Having to conform to a “Eurocentric” hairstyle can have negative health repercussions. For example, one doctor who has advocated for the law says there’s an “undeniable correlation between the use of chemical relaxers and the increased likelihood of developing uterine fibroids and cancer….”
Under the law, employers can still “enforce valid health and safety policies that apply equally to all employees,” according to a press release from Gov. Shapiro. However, as Pennsylvania House Speaker Joanna McClinton explained, the new law will help ensure that “wherever you work, or wherever you’re applying for a job, they can’t….look at your hair and decide you can’t work here. They will not look at your hair and decide you don’t belong in this C-suite….”
While having protections like this codified into law can make a big difference, there are always employers who either don’t know the law or try to find a way around adhering to it. Nonetheless, the CROWN Act gives employees leverage to assert and protect their rights in the workplace. If that doesn’t work, getting experienced guidance can help them seek justice and fair compensation.
