Like most supervisors, you know it’s illegal to discriminate against crew members on the basis of race, age, gender, or some other protected characteristic. Did you also know that in many states, it’s illegal to treat people less favorably because of their hairstyle?
At least 20 states and many other local governments have passed the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act. The new law generally prohibits bias motivated by an individual’s hairstyle. The law specifically notes that it’s illegal to discriminate against employees who have afros, bantu knots, braids, or locs.
Although the CROWN Act isn’t directly linked to a specific race, it essentially provides protections to Black employees. Consider a recent study showing that 80% of Black women have changed their hairstyle to conform to traditional ideals and to fit in at work.
To safeguard your employer from potential worker litigation brought under the CROWN Act, avoid personnel decisions motivated by concerns over a nontraditional hairstyle. For instance, don’t require Black employees to change their hairstyle to fit the company image. Yes, you can insist that crew members abide by your employer’s grooming policy, but provide some leeway to those with a hairstyle that could be protected under the CROWN Act.
Even in those situations when a person’s hairstyle might create a safety hazard – braided hair that could get caught in moving machine parts, for instance – don’t ask the staff member to change his or her hairstyle. Instead, accommodate the worker by providing him or her with a hair tie, a hair net, or some other hair covering.
Also make sure you respond quickly and effectively when someone alleges unlawful discrimination based on hairstyle. Promptly alert your HR manager to the complaint so an internal investigation can be started right away.
(From the May 26, 2023, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)