In March 2025, the Pennsylvania House of Representatives passed House Bill 439 (HB 439) by a landslide vote of 194-8. This legislation, entitled the “Pennsylvania CROWN Act,” would prohibit discrimination based on hair, hair texture, and hairstyle in the workplace. Similar legislation passed in the Pennsylvania House in 2023 by a vote of 182-21. However, the 2023 bill never saw the light of day, having never been brought up for a vote in the Senate State Government Committee. The CROWN Act would go into effect only if and after it passes a Senate vote and garners the Governor’s signature.
What is the CROWN Act?
Title VII of the Civil Rights Act of 1964 (Title VII) is the federal law prohibiting discrimination in the workplace based on a person’s characteristics such as race, sex, national origin, color, religion, age, and disability. And, in Pennsylvania, the Pennsylvania Human Relations Act (PHRA) is the state law that does much the same thing. Despite Title VII and the PHRA, people of color still face hair-related workplace discrimination in connection with their race or religion.
Cue the CROWN Act. Serving as an acronym for “Creating a Respectful and Open World for Natural Hair,” the CROWN Act would be a new law prohibiting employment discrimination based on hair style and hair texture (effectively extending state law employment discrimination protections regarding color, race, national origin, and religion already in place under the Pennsylvania Human Relations Act (PHRA). Many other states have already passed their own version of the CROWN Act, including, but not limited to Alaska, Minnesota, Arizona, Nebraska, Arkansas, Nevada, California, New Hampshire, Colorado, New Jersey, Connecticut, New Mexico, Delaware, New York, Illinois, Oregon, Kentucky, Tennessee, Louisiana, Texas, Maine, Vermont, Maryland, Virginia, Massachusetts, Washington, and Michigan.
What would the Pennsylvania CROWN Act do?
Studies show that individuals in today’s workplace, especially those of color, continue to face discrimination based on the look of their hair. A 2023 research study conducted by Dove and LinkedIn revealed that Black women were disproportionately impacted by workplace hair bias:
- Black women’s hair was 2.5 times as likely than white women’s hair to be viewed as “unprofessional”
- Black women with curly/textured hair were twice as likely to experience microaggressions at work than Black women with straight hair
- Roughly one-fifth of surveyed Black women aged 25-34 reported being sent home from work because of their hair
According to the Pennsylvania Human Relations Commission’s 2022 annual report, 916 complaints were filed alleging racial discrimination based on hair texture and protective hairstyles historically associated with race.
If passed, the Pennsylvania CROWN Act would prohibit employers’ actions such as:
- Creating policies banning or limiting natural hairstyles like cornrows, afros, braids, or locs, as well as head wraps
- Relocating or sending an employee home because of their hairstyle
- Harassing an employee for their hairstyle choice
- Demoting or not promoting an employee due to hairstyle
Employers who violate the CROWN Act would be fined or penalized.
Existing PA Workplace Anti-Discrimination Laws
On a local level, Philadelphia and Pittsburgh have already enacted CROWN Act local ordinances that prohibit hair discrimination. On a state level, the Pennsylvania Human Relations Commission implemented new regulations defining prohibited “race” discrimination under the PHRA to include discrimination based on traits associated with race, including hair texture and protective hairstyles.
However, courts appear to have varied in their interpretations of the PHRA and its applicability to hair-based discrimination, with some upholding employer hairstyle policies/bans and others finding impermissible discrimination. In theory, the Crown Act would foster consistency in interpretation.
How should employers respond to the Pennsylvania CROWN Act?
The question is: Will Pennsylvania join other states and enact a version of the CROWN Act?
If passed, HB 430 would amend the PHRA to expand the definition of “race” to include traits associated with race, including hair texture and certain protective hair styles (locs, braids, twists, coils, Bantu knots, afros and extensions). This would seem to bring the PHRA into better conformity with its existing regulations and hammer home the message that “Pennsylvania prohibits hair-based discrimination.” Regardless, a statewide CROWN Act would not infringe on employers’ existing rights to implement reasonable workplace safety standards.
While the Crown Act goes through the legislative process, employers should continue to monitor these developments so that they are prepared to adopt appropriate policies and employee training programs that conform with any new legal requirements. This may include:
- Updating personnel handbooks or other literature addressing workplace appearance, dress codes, or grooming policies to remove any discriminatory language
- Identifying accommodations and implementing non-discriminatory measures (e.g., hairnets or hair ties) for various hair textures and styles when it comes to the health or safety of employee or other materially connected persons applicable by position or activity
- Ensuring rules or policies are adopted for non-discriminatory reasons and are applied, without a disproportionately adverse impact on a group of individuals based on traits associated with race
- Training employees who make hiring and other employment-related decisions on the amended policies, and all equal employment opportunity policies
Support for PA employers
Our team of Employment Law attorneys is keeping abreast of developments in this area of the law and is here to assist you in navigating the ever-changing employment legal landscape.
