Last week Massachusetts joined a growing list of states, including Connecticut and New York that have laws prohibiting discrimination based on hair texture and hairstyles in the workplace, schools, and places of public accommodation. On July 26, 2022, Governor Charlie Baker signed H.4554, Massachusetts’s version of the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act.

The bill adds a protected class of “natural or protective hairstyle” within several statutes, including the anti-discrimination law (G.L.c. 151B). “Natural or protective hairstyle” is defined as “hair texture, hair type and hairstyles, which shall include, but not be limited to, natural and protective hairstyles such as braids, locks, twists, Bantu knots and other formations.”

The Massachusetts Commission Against Discrimination will be responsible for enforcing these new protections in the workplace, and the department of elementary and secondary education will provide written guidance for schools on the administration of the Act.

In response to this Act, Massachusetts employers need to review their employee handbooks and other workplace policies, including equal employment opportunity (EEO) and nondiscrimination policies. It is important to note, however, that exemption may exist when restrictions are required for health and safety reasons. Employers must make sure to engage in the interactive process and provide a non-discriminatory accommodation when feasible. Employers must also train managers, supervisors, and hiring personnel to ensure they are aware of these new protections and trained appropriately to avoid violations. Finally, employers should also keep their eye on a federal CROWN Act that has passed in the House of Representatives. It has not passed in the Senate, but President Joe Biden indicated he would sign a federal CROWN Act.

Hinckley Allen’s Labor & Employment attorneys are experienced in reviewing and drafting employer handbooks and policies. Please reach out to your Hinckley Allen attorney with questions or for assistance in updating and/or drafting new policies.