Pennsylvania Enacts CROWN Act: Employers Face New Obligations as Hair Discrimination Becomes Explicitly Unlawful

Takeaways

• Starting 01.24.26, employers with at least four employees in Pennsylvania are prohibited from discriminating based on hair type, styles, and textures and some hair coverings.
• Pennsylvania has joined more than 20 states and cities in adopting CROWN Act-style protections.
• Employers should review their grooming, dress code, and uniform policies to assess restrictions targeting protected hair traits or religious coverings.

Related link

• House Bill 439

Article

Pennsylvania has officially joined the growing number of jurisdictions prohibiting discrimination based on hair type, styles, and textures and some hair coverings.

On Nov. 25, 2025, Gov. Josh Shapiro signed House Bill No. 439, the “Creating a Respectful and Open World for Natural Hair (CROWN) Act.” The CROWN Act amends the definition of “race” and “religious creed” in the Pennsylvania Human Relations Act (PHRA) and prohibits discrimination based on hair types, styles, and textures that are associated with race, as well as head coverings associated with certain religions. The amendment goes into effect on Jan. 24, 2026.

Pennsylvania’s CROWN Act is by no means unique. More than 20 states and cities have adopted CROWN Act-style protections. Moreover, the Pennsylvania Human Relations Commission had already recognized these protections in its guidance. According to Gov. Shapiro, hair-based racial discrimination has been the source of many complaints — more than 900 in 2022 alone.

The amendment broadens two key PHRA statutory definitions:

1. “Race” now expressly includes traits historically associated with race, including hair texture and protective hairstyles such as locs, braids, twists, coils, Bantu knots, afros, and extensions.
2. “Religious creed” now includes head coverings and hairstyles historically associated with religious practice.

The CROWN Act allows limited exceptions when legitimate workplace interests are at stake. Employers may enforce hairstyle or head-covering restrictions only if they can prove one of the following:

• A valid workplace health and safety reason
• A bona fide occupational qualification

To establish that an exception applies, employers must meet all four of the following elements:

1. A health or safety risk would exist without the rule
2. The rule is adopted for nondiscriminatory reasons
3. The rule is specifically tailored to the position or activity
4. The rule is applied equally to all individuals in similarly situated roles

To mitigate exposure before the CROWN Act takes effect, employers with at least four employees in the Commonwealth should review their grooming, dress code, and uniform policies to assess restrictions targeting protected hair traits or religious coverings.

Please contact a Jackson Lewis attorney with any questions about the CROWN Act and grooming and dress code policies.