Newsletters & Blog

A heads up to employers on the Creating a Respectful and Open World for Natural Hair Act of 2020 (CROWN Act)

On March 6, 2020, Governor Polis signed the CROWN Act into law.  The CROWN Act went into effect on September 14, 2020. Colorado is the fifth state to enact this legislation, which bans discrimination against hairstyles associated with a racial identity.  Other states that have enacted the CROWN Act include California, New York, New Jersey and Virginia.  A national law premised on the CROWN Act is pending in the U.S. Senate.

The new law adds race trait hairstyle to the Colorado Anti-Discrimination Act (CADA). The CROWN Act bars discrimination based on “protective hairstyles” in public education, employment practices, housing, public accommodations and advertising.  “Protective hairstyle” is defined to include hairstyles such as “braids, locs, twists, tight coils or curls, cornrows, Bantu knots, afros, and headwraps.”  The Act further defines “race” to include “hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.”

The Act applies to discrimination in public education, employment practices, housing, public accommodations and advertising.

Considerations for Employers

The CROWN Act does not prevent employers from establishing grooming and other dress code policies in the workplace.  However, employers should now be mindful of their policies to make sure they do not directly target hairstyles associated with persons of color or religious denomination.  A blanket ban or restriction by employers of an employee’s “protected hairstyle” would violate CADA. Therefore, any grooming or dress code policy must have a valid, non-discriminatory basis and be applied consistently to all employees.

We recommend employers review their employee manuals and workplace policies to ensure such policies are non-discriminatory or have a disparate impact on employees who fall within the protected class.

Recent Posts

Gov. Polis Provides COVID-19 Update on Vaccinations Sites and At-Home Testing Program

Yesterday, Governor Polis provided an update on Colorado’s response to the COVID-19 pandemic, where he…

3 years ago

Gov. Jared Polis provides update Colorado’s decision to require COVID-19 vaccines for employees

On August 18th, Governor Polis provided an update on the state’s decision to require vaccines…

3 years ago

Gov. Jared Polis enacts the Colorado COVID-19 Disaster Recovery Order

On July 8th, 2020, Gov. Jared Polis enacted the Colorado Covid Disaster Recovery Order.  This…

3 years ago

Attorney Patrick Vellone is nominated for America’s Top 100 Bet-the-Company Litigators®

Allen Vellone Wolf Helfrich & Factor, P.C. is proud to announce that Attorney Patrick Vellone…

3 years ago

Employer mask and vaccination mandates for employees. What’s the latest?

On May 14, 2021, following new guidance from the Centers for Disease Control, Governor Polis…

4 years ago

Gov. Polis Announces New Mask Guidelines

On Friday, May 14th, Governor Jared Polis shared Colorado’s new mask guidelines, following the most…

4 years ago