“Crown Act” Now Law In Maine

Training for: Legal Notes

Last year Maine’s legislature enacted “An Act To Prohibit Discrimination in Employment and School Based on Hair Texture or Hairstyle,” otherwise known as the “Crown Act.” (PL 2021, c. 643).

The Act amends the Maine Human Rights Act (MHRA), which applies to all Maine employers, to expressly define “race” for purposes of fair employment and education to include “traits associated with race, including hair texture, Afro hairstyles” and “protective hairstyles” (braids, twists, and locks). See 5 M.R.S. § 4553. The Act’s protections broadly apply to all hair styles and textures commonly associated with a particular race and protects job applicants as well as current employees.

California first passed the CROWN Act (“Creating a Respectful and Open World for Natural Hair”) in 2019; since then, several states have enacted similar laws. According to its supporters, the Act aims to remove barriers that prevent non-white persons from advancing in academic or work careers based on their hair. It acknowledges that when textured hair is viewed as less “professional” or policed more strictly through limits on style or length, race is being targeted as well. 

In light of the new law, now is a good time for municipal employers to:

• Review dress code and grooming policies to ensure they are inclusive of all ethnic groups and do not unfairly target naturally occurring attributes, hair texture or hairstyles connected to race or ethnicity (or religion or gender identity).

• Ensure dress code or grooming requirements are based on legitimate and reasonable business concerns (e.g., safety near machinery). 

• Consider training for supervisors, hiring managers and HR staff. Even facially neutral policies requiring employee hairstyles to look “professional,” “neat,” or “well-managed,” can be applied in a discriminatory manner if decision-makers have unconscious bias about which looks are “professional.”

• Review anti-discrimination and harassment policies for coverage of hairstyles and traits associated with a particular race. Train employees and managers to ensure that such characteristics are protected under the employer’s policies.

For more information on equal employment issues, see MMA Legal Services’ information packets on “The Hiring Process” and “Harassment and Sexual Harassment” available in the members’ area of our website. (By S.F.P.)