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Massachusetts Commonwealth Law Bars Discrimination in Employment on Basis of Hairstyles 

Can an employer make you change your hairstyle? Can a company refuse you a job because of your natural hairstyle? The answer depends on the specific situation. With that being said, Massachusetts is one of approximately two dozen U.S. states that provides workers with some hair-style based legal protections. More specifically, Commonwealth law bars workplace discrimination on the basis of hair texture or hairstyles associated with race. Here, our Massachusetts workplace discrimination attorney discusses the key points workers should understand about the Commonwealth’s hairstyle discrimination protections. 

Background: Hairstyle Discrimination a Problem (Especially for African Americans)

Hairstyle discrimination—which is disproportionately but not exclusively directed at African Americans—has become a prominent issue in social, educational, and professional settings. It is a form of discrimination targets individuals based on hair texture and protective hairstyles such as braids, dreadlocks, and afros. These styles—which are very deeply rooted in cultural identity and cultural history—may be labeled as unprofessional or inappropriate in workplaces and schools. It is a form of unfair bias that not only perpetuates racial stereotypes but also infringes upon personal freedoms and expression. 

Notably, in response to growing awareness and activism, several states and local municipalities have passed legislation to combat this discrimination. These laws are generally known as the “CROWN Act”  or the Create a Respectful and Open World for Natural Hair ACT. Among other things, the CROWN Act creates legal protection for hair-based discrimination in the workplace. A federal version of the CROWN Act passed in the U.S. House of Representatives, but it never became law. However, 25 states, including Massachusetts, have passed their own version of the Crown Act. 

Massachusetts Passed Specific Hairstyle Discrimination Law in 2022

In 2022, Massachusetts passed the CROWN Act. The legislation was signed by Governor Charlie Baker. The landmark law aims to protect people who wear natural or protective hairstyles such as braids, locs, twists, and afros. By enacting this law, Massachusetts joins a growing list of states tackling racial discrimination in employment, education, and public accommodations related to racially/culturally significant hairstyles. 

An Overview of the Law (Massachusetts CROWN Act)

As noted, the Massachusetts Crown Act was signed into law in 2022. It also took effect that year. The bill was enacted as part of a broader national movement to address and rectify the inequalities faced by ethnic minorities—especially African Americans—who choose to wear their hair in natural or culturally specific styles. By targeting the biases inherent in some professional settings, the law seeks to foster a more inclusive atmosphere. Here are key points to know about the law: 

  • Purpose and Intent: The Massachusetts Crown Act aims to ensure that no individual is denied employment, educational opportunities, or public accommodations based on their hair texture or protective hairstyles such as braids, locs, twists, or bantu knots. The core goal of the law is to protect workers with racially/culturally specific hair. 
  • Scope of Protection: It extends to all settings that could influence a person’s socioeconomic status, including workplaces, schools, housing, and public services. A key thing for job applicants and employees is that the law applies to all businesses and organizations with six or more total employees. 
  • Legal Framework: The Act amends existing state anti-discrimination laws—more specMassachusetts Fair Employment Practices Act (FEPA). It adds a section to FEPA that explicitly makes hairstyle discrimination a form of racial discrimination. Hairstyle discrimination is thus prohibited under FEPA.
  • Enforcement of the Law: Enforcement is overseen by the Massachusetts Commission Against Discrimination (MCAD). The state-based agency handles complaints and implements regulations. If you have any questions about bringing a claim, a lawyer can help. 

Hairstyle Discrimination May Be Linked to Racial Discrimination 

In many cases, hairstyle discrimination is linked to broader racial discrimination. Indeed, hairstyle discrimination is increasingly recognized as a subset of racial discrimination that particularly affects African Americans. Traditional hairstyles—from braids to afros—are often rooted in cultural identity and heritage, making the discrimination against them inherently linked to racial biases. An employee or job applicant who has a hairstyle discrimination claim may also have a broader racial discrimination claim against their employer. An attorney can help you determine the best option. 

Commonwealth Law is Clear: Protection is for Hairstyles Linked to Race

It is important to emphasize that the Massachusetts Crown Act is not a comprehensive hairstyle protection law. It does not protect every hairstyle. In other words, an employer could still require an employee to cut their hair or groom their hair in another manner in certain circumstances. 

For example, imagine that a White employee opts to wear a bright blue mohawk. An employer may or may not require that employee to change his or her hairstyle. However, that hairstyle is not protected as a race-related cultural hairstyle under the Crown Act. In other words, the law does not provide for a legal claim based on discrimination for that specific hairstyle. 

We Fight for Victims of Discrimination in the Workplace in Massachusetts

Were you or your family member the victim of hairstyle discrimination in the workplace in Massachusetts? You may be entitled to a legal remedy. Massachusetts law clearly protects an employee’s right to wear a race-linked hairstyle. Employers cannot engage in race-related hairstyle discrimination against workers or job applicants. At Hayber, McKenna & Dinsmore, LLC, we help employees navigate complex cases. Our firm has considerable experience taking on racial discrimination cases. With a history of client testimonials and a list of representative case results, we are ready to get started on your hairstyle discrimination claim right away. 

Contact Our Massachusetts Employment Discrimination Attorneys Today

At Hayber, McKenna & Dinsmore, LLC, our Massachusetts employee rights attorneys always put clients first. If you or your loved one was the victim of hairstyle discrimination, we are here to help. Get in touch with us by calling(860) 522-8888 or contacting us online. Initial consultations are completely confidential. From our offices in Springfield and Northampton, we handle the full range of workplace discrimination cases in Massachusetts.