Minnesota is on its way to becoming the 14th state in the United States to enact legal protection for the “culturally-appropriate” hair. As part of a nationwide effort for employers, landlords, and educational systems to be more inclusive of individuals’ natural hair, the “Creating a Respectful and Open World for Natural hair” or CROWN act was passed in a bipartisan vote in the Minnesota House of Representatives, and has been sent to the Senate for its consideration.
The text of the Act is quite short. It states, “’Race’ is inclusive of traits associated with race, including but not limited to hair texture and hair styles such as braids, locks, and twists.” At its heart, the Act will correct the efforts by employers to stifle a person from wearing his or her hair in a manner analogous with that person’s culture, whether that be an afro, braids, locks, or twists.
However, while the focus of the Act is on an individual’s hair, its brevity and inclusiveness leads to much farther-reaching implications. If the Senate passes the legislation, employers will be required to not only re-evaluate their grooming policies, they will also need to give their dress codes, tattoo policies, and any other policy which could touch on characteristics typically associated with a culture or race. Along with those changes comes the additional responsibility of educating employees to become aware of traits commonly associated with race as well as appropriate ways to discuss and address those traits.
There are a number of different characteristics that can be tied back to a person’s race, and this legislation may lead to judges or juries being forced to make a determination as to whether a trait is commonly associated with an individual’s race. It is imperative for employers, if they have not done so already, to begin educating employees and managers on how to discuss traits commonly associated with race that may come up in the workplace.
For those employers who are not in Minnesota, or who believe the legislation will not make its way through the Senate, you need to be aware that legislation has also been proposed on a national level to add a similar definition of “race” to federal antidiscrimination laws. Either way, the need to continue educating employees and managers on being more inclusive and less narrow-minded in the workplace remains just as important as ever.
While many of us believe we have a handle keeping discrimination out of our workplaces, it is an ever-changing field, with additional legislation being created every year. If you, or your organization, need assistance in updating your policies, educating your employees, or defending your decisions in court, contact Wiley Reber Law, for legal advice that works.