On November 25, 2025, Governor Shapiro signed House Bill 439 – also known as the Creating a Respectful and Open World for Natural Hair (CROWN) Act – into law. This legislation effectively amends the Pennsylvania Human Relations Act (PHRA) to expand the definitions of race and religious creed and to prohibit discrimination based on traits historically associated with either category.
In her latest article, KingSpry’s Employment Law Chair, Avery E. Smith, Esq., discusses the CROWN Act and its implications on employers’ policies.
The CROWN Act
House Bill 439 expands the definition of “race” under the PHRA to include hair texture and protective hairstyles that are historically associated with an individual’s race. The law specifically identifies hairstyles such as locs, braids, twists, coils, Bantu knots, afros and extensions as protected traits. The Act also expands protections for traits tied to religious creed, including head coverings and hairstyles associated with religious practice.
When Employers May Regulate Hairstyles or Head Coverings
Employers may still adopt and enforce legitimate workplace health and safety rules or policies when they are justified as a bona fide occupational qualification (BFOQ). However, if a rule or policy impacts traits historically associated with race or religious creed, the employer must show that:
- Health or safety risks to the employee or others would exist without the rule or policy;
- The rule or policy is adopted for nondiscriminatory reasons;
- The rule or policy is narrowly tailored to the specific position and duties involved; and
- The rule or policy is applied equally to all individuals in similarly situated roles.
Employers may also implement policies aimed at preventing harassment or maintaining a professional work environment, provided those policies are nondiscriminatory and are enforced consistently.
Key Takeaways for Employers
Employers are encouraged to review their grooming, dress code, and safety policies to ensure they do not restrict hairstyles or head coverings protected under the expanded definitions of race and religious creed. When a safety-based restriction is necessary, employers should ensure that all four (4) BFOQ criteria are satisfied before enforcing it.
In addition, employers are encouraged to meet with hiring managers to ensure they are fully informed about the new legal protections and to monitor workplace culture to prevent bias or discrimination based on hair texture, protective styles, or religious head coverings.
