Louisiana Governor John Bel Edwards recently signed Louisiana’s version of the Creating a Respectful and Open World for Natural Hair (CROWN) Act into law. It was approved by the Louisiana Legislature in its recently concluded session. In doing so, Louisiana joins 16 other states and becomes the first in the Deep South to enact the CROWN Act or legislation inspired by the CROWN Act.
What is the CROWN Act?
The CROWN movement began in 2019 as an effort to combat discrimination (primarily against black women and girls) in employment, education, public accommodations, and housing based on hair texture and hairstyles.
The CROWN Act has been gaining steam since then and (as mentioned above) already was the law in 16 other states prior to Louisiana. Thirty cities across the nation, including New Orleans, also have passed a version of the CROWN Act, and a bill to make the CROWN Act federal law passed the U.S. House of Representatives earlier this year. It’s currently awaiting action by the Senate.
A bill to enact the CROWN Act in Louisiana was first introduced in the 2020 legislative session but failed to gain passage. This year, a bill sponsored by State Representative Candace Newell of New Orleans passed and completed the two-year effort to make the CROWN Act Louisiana law. In signing the bill, Governor Edwards commented that the “CROWN Act will protect Louisianans from discrimination based on a person’s natural, protective, or cultural hairstyle.”
What does the CROWN Act do?
Louisiana already prohibits discrimination based on race and national origin in employment, education, public accommodations, and housing. Thus, Louisiana’s version of the CROWN Act simply amends existing law to define “race” and “national origin” to “include traits associated with race and national origin, including but not limited to skin color, facial characteristics, hair texture, natural hairstyles, and protective hairstyles.”
“Natural” and “protective” hairstyles are further defined in the law to include, but aren’t limited to, “afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, and curls.” That’s pretty explicit and about as clear as it gets.
What does the CROWN Act mean for Louisiana employers?
Passage of the CROWN Act very simply means it’s unlawful for Louisiana employers to base employment decisions on hair texture or hairstyles associated with a person’s race or national origin. Doing so could expose you to a lawsuit for violating Louisiana employment discrimination law and subject you to an award of compensatory and punitive damages in a jury trial.
To protect against such exposure, you should review your “dress and grooming” policies and remove any stereotypical references to hairstyles commonly associated with race or national origin as being “unprofessional” or “inappropriate” for the workplace. You also would be wise to add avoidance of “hair discrimination” to your supervisor and manager training regimens.
As Governor Edwards further stated when signing the CROWN Act into law, “Hair discrimination is racial discrimination.” It now bears the same consequences for employers as other forms of unlawful discrimination. So, take heed.
Mark Adams is a partner in the Labor & Employment Practice Group. He can be reached at 504.582.8258 or madams@joneswalker.com.
Reprinted with permission from the editors of the Southeast Employment Law Letter.