Michigan's Crown Act Signed Into Law
“Creating a Respectful and Open World for Natural Hair" or "CROWN Act" Prohibits Discrimination Due to Natural Hair and Texture
As noted in a prior post, the Michigan legislature was considering legislation to add Michigan to the growing number of states that have adopted CROWN legislation.
On June 15, 2023, Michigan Governor Gretchen Whitmer signed the CROWN Act into law. The Act is immediately effective.
The law adds the definition of "race", which was previously not defined. Under the Act, "race" is defined as in Section 103(j) of the Elliot-Larsen Civil Rights Act, MCL 37.2103 (Definitions) as follows:
"'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 Act also adds the following definition of "sexual orientation": "'Sexual orientation' means having an orientation for heterosexuality, homosexuality, or bisexuality or having a history of such an orientation or being identified with such an orientation."
The definitions of "race" and "sexual orientation" apply to all articles in the ELCRA, including housing, employment, public accommodation, and education.
As previously noted, helpful guidance on discrimination that may occur in the context of hair and grooming standards has been provided by the U.S. Equal Opportunity Commission (EEOC) and the New York City Commission on Human Rights (NYC Commission). 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.
