(Last Updated On: May 13, 2025)
Discrimination on the basis of race is prohibited in Massachusetts employment under both state and federal law. While Title VII of the Civil Rights Act of 1964 and MGL 151B protect job applicants and employees against a wide range of forms that racial discrimination can take — and all employers in Boston and Natick should be very familiar with these laws and their obligations under them — there are also much more specific laws in the state that prohibit forms of discrimination. One such law is the Massachusetts CROWN Act, which has been in effect since October 24, 2022.
What do employers need to know about the CROWN Act, including their obligations under the law in order to be in compliance, and the rights it provides to job applicants and employees in the state? Our Boston employment discrimination lawyers can provide you with more information about this law, and we can speak with you today if you have any questions or concerns about compliance with the Massachusetts CROWN Act or if you are facing a claim under this relatively new law.
Understanding the Massachusetts CROWN Act
The CROWN Act, or the Creating a Respectful and Open World for Natural Hair Act, was first created through a partnership between the CROWN Coalition and then California state senator Holly J. Mitchell. The idea behind the law was “to ensure protection against discrimination based on race-based hairstyles by extending statutory protection to hair texture and protective styles such as braids, locs, twists, and knots in the workplace and public schools.” Since 2019, certain states have enacted their own version of the CROWN Act, often amending state law that prohibits discrimination on the basis of race in order to specifically prohibit discrimination on the basis of race-based hairstyles.
The Massachusetts CROWN Act amended the Massachusetts General Laws to do two things:
- Clarify that a “prohibition on discrimination based on race shall include traits historically associated with race including, but not limited to, hair texture, hair type, hair length, and protective hairstyles”; and
- Define “protective hairstyle” to “include, but not be limited to, braids, locks, twists, Bantu knots, hair coverings, and other formations.”
Under the Massachusetts CROWN Act, the Massachusetts Commission Against Discrimination was also required to take additional actions to ensure that the amendments to the law were adopted and understood.
Getting the Facts About Racial Discrimination and Hairstyles in Employment Contexts
According to the 2023 CROWN Workplace Research Study, despite some states’ implementation of a CROWN Act, discrimination on the basis of race, based on race-based hairstyle, continues to occur in workplaces across the country. The following are some key facts from that study:
- Two-thirds of Black women say that they change their hairstyles for a job interview to avoid discrimination, with more than 40% changing their hair to “straight” hair;
- More than 20% of Black women between the ages of 25 to 34 in American workplaces report that they have been sent home from work because of their hairstyles;
- About 25% of Black women believe they have been denied jobs due to hairstyle and race-based discrimination; and
- Survey results from employers and employees alike suggest that Black women’s natural hairstyles are 2.5 times more likely to be “perceived as unprofessional” than hairstyles worn by white and Hispanic women.
Employer Responsibilities Under the Massachusetts CROWN Act
Employers in Massachusetts cannot have any dress codes or workplace requirements that discriminate against natural hairstyles or any “protective hairstyles” as they are defined under state law. Employers also cannot discriminate in any way against job applicants or employees on the basis of a protective hairstyle.
If a job applicant or employee faces any kind of discrimination on the basis of a protective hairstyle, they may be able to file a claim under Massachusetts General Laws.
Contact a Massachusetts Employment Discrimination Attorney Representing Clients in Boston and Natick
It is critical for all employers in Massachusetts to understand the protections provided by the CROWN Act and to ensure compliance with all employment laws in the state designed to prevent discrimination on the basis of race, ethnicity, and other related identity characteristics. If you have any questions about the CROWN Act or its application, you should seek legal advice from a Boston employment discrimination attorney who regularly assists employers with discrimination claims. And if you have received a complaint from an employee about a CROWN Act violation or you are facing a discrimination claim on the basis of race, an attorney at our firm can speak with you about your options. Contact Rodman Employment Law for more information about how we can assist you.
