On November 25th, Pennsylvania enacted the CROWN Act, a law that amends the Pennsylvania Human Relations Act (PHRA) to preclude discrimination on the basis of hair texture and protective hairstyles that are historically associated with race. Pennsylvania is the 28th state to adopt such protections.
The new law does not prevent an employer from adopting and enforcing an otherwise valid workplace rule or policy that impacts traits historically associated with an individual’s race, as long as the employer can demonstrate all of the following:
- Without the adoption of the rule or policy the health or safety of an employee or other materially
connected person may be impaired. - The rule or policy is adopted for nondiscriminatory reasons.
- The rule or policy is specifically tailored to the applicable position and activity.
- The rule or policy is applied equally to individuals whose positions fall under the applicable position and activity.
The amended law defines “protective hairstyle” to include hairstyles such as locs, braids, twists, coils, Bantu knots, afros and extensions. The term “religious creed” includes head coverings and hairstyles historically associated with religious creeds. Neither definition is exclusive – other hairstyles other than those named could fall under the amended law’s protections.
Nothing in the CROWN Act is intended to prohibit an employer from adopting and enforcing an otherwise valid workplace policy to prevent a hostile work environment, provided the policy is adopted for nondiscriminatory reasons and is applied equally.
If you have any questions about how the CROWN Act may impact your business, please contact us at (570) 341-8800. Thank you.
This Client Alert is provided as general guidance only and does not constitute legal advice. If you have concerns about how your business may be affected by either of these legislative measures, please contact our office.
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