Texas Governor Greg Abbott signed into law in May a bill prohibiting race-based hair discrimination in Texas workplaces, schools, and housing policies. House Bill 567 — The so-called CROWN Act — takes effect September 1, 2023.
Texas joins 20 other states in passing a CROWN Act – the acronym stands for Creating a Respectful and Open World for Natural Hair, according to the CROWN Coalition.
The bill passed the Texas House by a 143-5 vote and sailed through the Texas Senate by a 29-1 vote.
“I am incredibly thankful to the Governor for signing the CROWN Act into law,” Democratic Rep. Rhetta Bowers of Rowett said in a statement, thanking Sen. Borris L. Miles, a Houston Democrat who sponsored the bill in the Senate, and Adjoa B. Asamoah, who co-founded the CROWN Coalition. “The CROWN Act is a civil rights law that will improve the lives of countless Texans, and it will be appreciated by more people than we can imagine.”
Small businesses located in Austin or Harris County have already had to adjust hiring practices and grooming and dress policies to meet CROWN regulations as those jurisdictions have similar legislation on the books.
Now all businesses in Texas will need to comply with the new legislation starting in September.
What the New Law Means for Small Business Hiring, Compliance
Small Businesses across Texas will need to make sure they comply with the CROWN legislation when it comes to hiring practices and workplace rules.
“The Act prohibits discrimination on the basis of hair texture or protective hairstyles traditionally associated with race. The law, which is binding in both educational and employment settings, defines protective hairstyles as “braids, locks, and twists”,” according to Littler Insight.
The law firm says within the education sector, student dress or grooming policies that discriminate against hair texture or protective hairstyles are prohibited.
“Likewise, employers, labor unions, or employment agencies may not implement discriminatory policies related to hair texture or protective styles that are commonly or historically associated with race,” says Litler Insight.
Employers are encouraged to:
- Review their EEO, anti-discrimination, anti-harassment, and dress code/grooming policies to ensure ongoing compliance.
- Ensure that employees, managers, and supervisors are aware of this new employee protection.
The law firm of Ogletree Deakins says that the bottom line is that “starting September 1, 2023, it will be illegal in Texas to discriminate, or to adopt or enforce a dress or grooming policy that discriminates, based on an employee’s hair texture or protective hairstyle commonly or historically associated with race.”
In addition to reviewing and updating dress code and grooming policies, as well as educating employees and management on the new legislation, the DLA Piper law firm advises employers of additional steps to ensure compliance:
- Address complaints promptly: Ensure a process is in place for employees to report potential violations of the CROWN Act and ensure timely investigation and appropriate action related to such complaints.
Penalties for CROWN Act violations track the penalties available under the Texas Labor Code for discrimination based on other legally protected characteristics, which means that violations of the legislation could result in compensatory and punitive damages awarded by a court against an employer.
The Complete Text of the New CROWN Act in Texas
While some legislation can be quite complex, the CROWN Act signed by Abbott is brief. Here is the complete text of House Bill 567:
AN ACT relating to discrimination on the basis of hair texture or protective hairstyle associated with race.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1 Subchapter Z, Chapter 25, Education Code, is amended by adding Section 25.902 to read as follows:
Sec. 25.902. PROHIBITION ON CERTAIN DISCRIMINATION IN STUDENT DRESS OR GROOMING POLICY.
(a) In this section, “protective hairstyle” includes braids, locks, and twists.
(b) Any student dress or grooming policy adopted by a school district, including a student dress or grooming policy for any extracurricular activity, may not discriminate against a hair texture or protective hairstyle commonly or historically associated with race.
SECTION 2. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.979 to read as follows:
Sec. 51.979. PROHIBITION ON CERTAIN DISCRIMINATION IN STUDENT DRESS OR GROOMING POLICY.
(a) In this section:
(1) “Institution of higher education” has the meaning assigned by Section 61.003.
(2) “Protective hairstyle” includes braids, locks, and twists.
(b) Any student dress or grooming policy adopted by an institution of higher education, including a student dress or grooming policy for any extracurricular activity, may not discriminate against a hair texture or protective hairstyle commonly or historically associated with race.
SECTION 3. Subchapter C, Chapter 21, Labor Code, is amended by adding Section 21.1095 to read as follows:
Sec. 21.1095. RACIAL DISCRIMINATION BASED ON HAIR TEXTURE OR PROTECTIVE HAIRSTYLE.
(a) In this section, “protective hairstyle” includes braids, locks, and twists.
(b)AAA provision in this chapter referring to discrimination because of race or on the basis of race includes discrimination because of or on the basis of an employee’s hair texture or protective hairstyle commonly or historically associated with race.
(c)An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency adopts or enforces a dress or grooming policy that discriminates against a hair texture or protective hairstyle commonly or historically associated with race.
SECTION 4. Subchapter A, Chapter 301, Property Code, is amended by adding Section 301.0045 to read as follows:
Sec. 301.0045. RACIAL DISCRIMINATION BASED ON HAIR TEXTURE OR PROTECTIVE HAIRSTYLE.
(a) In this section, “protective hairstyle” includes braids, locks, and twists.
(b) A provision in this chapter, other than a provision in Subchapter I, referring to discrimination because of race or on the basis of race includes discrimination because of or on the basis of a person’s hair texture or protective hairstyle commonly or historically associated with race.
SECTION 5. Section 21.1095, Labor Code, as added by this Act, applies only to an unlawful employment practice that occurs on or after the effective date of this Act.
SECTION 6. Section 301.0045, Property Code, as added by this Act, applies only to a discriminatory housing practice that occurs on or after the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2023.
