Michigan's “Creating a Respectful and Open World for Natural Hair” or “CROWN” Legislation
Michigan May Soon Be Joining Numerous Other States in Passing a CROWN Act
As explained in a previous post, on March 16, 2023, Michigan Governor Gretchen Whitmer signed into law Act 6 of the Public Acts of 2023, which added “sexual orientation” and “gender identity or expression” to the Michigan Elliot-Larsen Civil Rights Act (ELCRA). With this amendment, Michigan now has 11 protected class categories: 10 in the ELCRA (religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, familial status, or marital status) and 1 (disability) in the Michigan Persons With Disabilities Civil Rights Act (PWDCRA).
It may be surprising to learn that most protected class categories are not defined. Only 4 of the 11 protected class categories are currently listed in the “Definitions” sections of the ELCRA and the PWDCRA: age, familial status, national origin, and disability.
This may soon be changing as to race. On May 23, 2023, by a vote of 33 to 5, the Michigan Senate passed Michigan Senate Bill 90, that defines race to include hair textures and protective hairstyles:
"(i) 'Race' is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. For purposes of this definition, 'protective hairstyles' includes, but is not limited to, such hairstyles as braids, locks, and twists."
The definition of "race" would apply to all articles in the ELCRA, prohibiting discrimination on such grounds in housing, employment, public accommodation, and education.
Michigan Senate Bill 90, introduced by Michigan Senator Sarah Anthony, is modeled after “Creating a Respectful and Open World for Natural Hair” or “CROWN” legislation that has been enacted in numerous states, including Alaska, California, Colorado, Connecticut, Delaware, Illinois, Louisiana, Maine, Massachusetts, Maryland, Nebraska, Nevada, New Mexico, New Jersey, New York, Oregon, Tennessee, Virginia, and Washington.
At the federal level, the U.S. House of Representatives on March 18, 2023 passed the H.R. 2116 ("Creating a Respectful and Open World for Natural Hair Act of 2022" or "CROWN Act of 2022"), which would bar such discrimination nationwide. The legislation is currently pending in the U.S. Senate.
The Equal Opportunity Commission (EEOC) and the New York City Commission on Human Rights (NYC Commission) have issued helpful guidance on discrimination that may occur in the context of hair and grooming standards. The EEOC's guidance, which dates back to 1989, explains how grooming standards could give rise to discrimination claims based on race, national origin, race, sex, and religion. There was not widespread approval of these claims, however, at the time of the EEOC’s guidance. The NYC Commission’s more recent guidance discusses how adverse actions based on hair styles can constitute race discrimination.
