New Hampshire has become the 26th state in the United States to adopt legislation resembling the CROWN Act, aimed at preventing discrimination based on natural hairstyles. Governor Chris Sununu signed the new law on July 3, 2024, officially titled “Creating a private cause of action for discrimination based on hairstyles relative to a person’s ethnicity.” The law will come into effect on September 1, 2024.
The state’s existing anti-discrimination statute, RSA 354-A, already prohibits bias in employment, public accommodations, and housing based on various characteristics, including age, sex, race, creed, and disability. The newly added RSA 275:37-e specifically addresses discrimination related to protective hairstyles, offering additional protections for employees.
The law defines “protective hairstyles” to include braids, locs, tight coils or curls, cornrows, Bantu knots, Afros, twists, and head wraps. It stipulates that individuals cannot face discrimination in employment due to their protective hairstyles. Those who experience such discrimination are entitled to file a private lawsuit, bypassing the jurisdiction of the human rights commission and the provisions of RSA 354-A. The law does not extend to employees of the Department of Corrections.
According to a study commissioned by a national coalition advocating for the CROWN Act, more than 20% of Black women aged 25-34 reported being sent home from work in 2023 due to their hair. Under the new law, an employee facing such treatment could potentially sue for discrimination under RSA 275:37-e.
Employers are advised to review their existing dress codes, grooming policies, employee handbooks, and training materials to ensure compliance with the new law. This includes eliminating any requirements that mandate specific hairstyles and providing training for both employees and managers on the new regulations.
With over half of the states in the U.S. having enacted some form of the CROWN Act, there is ongoing momentum at the federal level, with similar bills introduced in both the House and Senate earlier this year.
For further guidance on this new legislation and other workplace laws, Jackson Lewis attorneys are available to assist.
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