Michigan Expands Discrimination Protections, Including Hairstyles

NEWSLETTER VOLUME 1.9

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July 07, 2023

Editor's Note

Michigan Expands Discrimination Protections, Including Hairstyles

 

Gov. Gretchen Whitmer signed the CROWN Act into law on June 15, and it went into effect immediately. 

 

There's a decent argument that when you discriminate against someone because they have an Afro or braids or any other hair style associated with racial or ethnic identity, that's race discrimination. But since not all courts agree, not all employers believe it's a thing, and the U.S. Senate hasn't passed the federal version of the law, states are addressing the issue. 

 

The CROWN Act is also a major contender for having the most awkward acronym because nobody would ever describe the protections as "creating and open and respectful world for natural hair." Especially since some protected hairstyles are, well, not completely "natural," and no law has ever created a respectful world for anything. 

 

But hair discrimination is real. Dove and LinkedIn sponsored a study that showed: 

  • Black women’s hair is 2.5 times more likely to be perceived as unprofessional. 
  • 66% of Black women change their hair for a job interview, often from curly to straight. 
  • Black women are 54% more likely to feel like they have to wear their hair straight to a job interview in order to get the position. 
  • Black women with coily/textured hair are twice as likely as Black women with straight hair to experience microaggressions in the workplace. 
  • Over 20% of Black women ages 25-34 have been sent home from work because of their hair. 
  • 44% of Black women younger than 34 feel pressured to have a headshot with straight hair. 
  • 25% of Black women believe they have been denied a job interview because of their hair. For Black women under age 34, it's 33% who have been denied job interviews. 

Here's an excellent discussion of the new Michigan law that applies to employment, housing, education, and businesses open to the public. 

 

- Heather Bussing

 

CROWN Act Poised to Prohibit Hair-Based Discrimination and More in Michigan

by Michelle P. Crockett and Ashley Higginson

at Miller Canfield

 

On June 8, 2023, the Michigan House of Representatives voted 100-7 to pass Senate Bill 90 (SB 90), known as the Creating a Respectful and Open World for Natural Hair (CROWN) Act, which amends and expands the definition of race within Michigan's Elliott-Larsen Civil Rights Act (ELCRA) to ban discrimination based on hair and other traits associated with racial or ethnic identity. Governor Gretchen Whitmer is expected to sign SB 90 into law. 

 

ELCRA has historically prohibited discriminatory practices, policies, and customs in employment, housing, education, and places of public accommodation based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status, and has recently been amended to prohibit discrimination on the basis of sexual orientation and gender identity. Another recent amendment expanded its protections to those who have had abortions. SB 90 expands the definition of race to include "traits historically associated with race, including, but not limited to, hair texture and protective hairstyles." This includes hairstyles such as braids, locks, and twists, but the legislation's language applies to all traits historically connected to racial identity. 

 

Michigan follows 18 other states that have adopted a version of the CROWN Act. Federally, the House of Representatives has passed such a bill on two occasions, in 2020 and 2022, but each bill has stalled in the Senate. 

 

Employers may want to consider the following in preparing for this new law: 

  • Review and update dress codes, grooming policies, and job descriptions to ensure that they are clearly connected to the company’s business interests, inclusive, and consistently applied. 
  • Aim to implement non-discriminatory measures to address health and safety concerns (such as hairnets or hair ties) rather than bans. 
  • Train employees, especially supervisors, managers, and anyone who makes decisions related to hiring and implementation of the organization’s dress and grooming policies, as well as their EEO policies. 
  • Implement diversity or unconscious bias training and engage in efforts to create and support a more inclusive workplace environment, including education surrounding traits historically associated with all racial and ethnic identities. 
This content is licensed and was originally published by JD Supra

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