Pennsylvania recently adopted the Creating a Respectful and Open World for Natural Hair (the “CROWN Act”), and in doing so, has joined 27 other states in explicitly prohibiting hair-based discrimination. The CROWN Act expands protections against race and religious based hair-discrimination by prohibiting employers from discriminating against individuals based on their natural hair, protective hairstyles, and religious head coverings and hairstyles.
The CROWN Act provides these enhanced protections through an amendment to Pennsylvania’s Human Rights Act (“PHRA”). The PHRA prohibits discrimination in employment based on race, color, religious creed, ancestry, national origin, sex, disability, and age. The CROWN Act amends the PHRA such that:
- “Race” now includes “traits historically associated with [an] individual’s race, including hair texture and protective hairstyles,” such as locs, braids, twists, coils, Bantu knots, afros, and extensions.
- “Religious creed” now includes “head coverings and hairstyles historically associated with religious creeds.”
Employers may have policies restricting protected hair or head coverings if the restrictions are supported by a valid health or safety reason or are part of a bona fide occupational qualification. In such cases, the employer bears the burden to demonstrate:
- Without the rule or policy, the health or safety of an employee or materially connected person may be impaired;
- The rule or policy is adopted for nondiscriminatory reasons;
- The rule or policy is specifically tailored to the applicable position and activity; and
- The rule or policy is applied equally to individuals whose positions fall under the applicable position and activity.
The Pennsylvania CROWN Act takes effect on January 24, 2026. Allegheny County and the cities of Pittsburgh and Philadelphia all enacted CROWN Acts in 2020.
Employers should review their policies and practices to ensure compliance with the CROWN Act. If you have any questions, please contact Rachel Felton and Suzanne DeWalt of our Employment Services Group or your SGK attorney contact.
Suzanne L. DeWalt, Shareholder and Director
Sue.Dewalt@sgkpc.com
412-258-6728
Rachel D. Felton, Shareholder
Rachel.Felton@sgkpc.com
412-258-6708