By: Ty Hyderally, Esq., and Nichole Nunes, Esq.
November 21, 2024

For decades, individuals with natural hairstyles have faced explicit and implicit discrimination in workplaces across the United States. New Jersey is among the states taking bold steps to address this issue, thanks to the enactment of the CROWN Act. This legislation marks a significant step forward in recognizing and protecting the rights of individuals to express themselves authentically without fear of professional repercussions.

But what is the CROWN Act, and why is it so crucial in tackling hair discrimination in the workplace? Let us delve deeper into the issue and its implications for employees and employers in New Jersey.

Hair discrimination refers to prejudices or biases against hairstyles associated with specific racial or ethnic groups. Black employees, in particular, have long faced scrutiny for wearing natural hairstyles such as braids, locs, twists, Bantu knots, and Afros. These hairstyles, often a source of cultural pride, are also practical and natural ways to maintain textured hair. Despite this, many workplaces have historically adopted grooming policies that implicitly or explicitly target these styles, deeming them “unprofessional” or “inappropriate.” These biases not only marginalize employees but also perpetuate systemic racism by forcing individuals to conform to Eurocentric beauty standards to secure or maintain employment.

The CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair,” is legislation designed to prohibit discrimination based on hairstyles associated with race or ethnicity. Originally introduced in California in 2019, the law has since been adopted by several states, including New Jersey. New Jersey enacted its version of the CROWN Act in December 2019 following the infamous incident involving Andrew Johnson, a Black high school wrestler who was forced by a white referee to either cut his dreadlocks or forfeit his match. This shocking event highlighted the pervasive nature of hair discrimination and the need for legal protections. The New Jersey CROWN Act amends the state’s Law Against Discrimination (NJLAD) to explicitly include hair texture, hair type, and protective hairstyles such as braids, twists, and locs as traits associated with race. This amendment ensures that individuals cannot be treated unfairly or denied opportunities due to their natural or cultural hairstyles.

Hair discrimination in the workplace can take many forms, including biased grooming policies that disproportionately impact Black employees, hiring practices where job applicants are judged unfavorably during interviews due to their natural or protective hairstyles, and microaggressions in the form of comments like “Is your hair clean?” or “That looks unprofessional.” Employees may also face disciplinary action, including reprimands, demotions, or terminations, solely due to their hairstyle choices. These practices not only harm individuals’ confidence and mental well-being but also hinder diversity and inclusion within organizations.

The enactment of the CROWN Act in New Jersey places a legal obligation on employers to review and revise their workplace policies to ensure compliance. Employers must ensure grooming policies are inclusive and do not disproportionately impact individuals based on race or ethnicity. Human resources teams and managers should be educated about the nuances of hair discrimination and how to address biases. Fostering a culture of inclusivity requires proactive efforts to recognize and celebrate diverse cultural expressions, including hairstyles. Non-compliance with the CROWN Act can expose employers to lawsuits, fines, and reputational damage. By taking these steps, employers not only avoid legal pitfalls but also demonstrate a commitment to diversity, equity, and inclusion.

For employees, the CROWN Act provides much-needed protection and empowerment. It sends a clear message that their natural hair and cultural identity are respected and valued in professional spaces. If an employee in New Jersey believes they have been subjected to hair discrimination, they can file a complaint with the New Jersey Division on Civil Rights (DCR) or pursue legal action under the NJLAD. Documenting incidents, including emails, comments, or actions, is essential to building a compelling case.

While the CROWN Act is a crucial step in addressing hair discrimination, it is not a cure-all. True equity requires ongoing education, awareness, and advocacy. Individuals and organizations can continue the fight by educating themselves about the cultural significance of natural and protective hairstyles, speaking up when they witness hair discrimination, and creating spaces where individuals can express themselves authentically without fear of judgment.

The CROWN Act is about more than just hairstyles—it’s about dismantling systemic racism and affirming the dignity of all individuals. In New Jersey workplaces, it represents a step toward greater inclusivity, allowing employees to bring their whole selves to work without fear of discrimination. As more states adopt similar legislation and awareness of hair discrimination grows, the hope is that we move closer to a world where all forms of bias—whether overt or subtle—are eradicated from the workplace.

The CROWN Act is a powerful tool in the fight against hair discrimination, but it requires collective effort to make lasting change. By understanding the law and embracing its principles, New Jerseyans can help create workplaces where everyone feels empowered to be their authentic selves.

En nuestra firma hablamos español. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.