MA Legislature advances bill banning hairstyle discrimination

In a unanimous vote, the Massachusetts House of Representatives recently approved H.4554, “an Act prohibiting discrimination based on natural and protective hairstyles.” The legislation’s goal is to protect against discrimination based on hair texture, type, and/or style in schools, workplaces, housing, and business by adding “natural or protective hairstyle” to the categories of protected classes in the state. The bill covers “hairstyles such as braids, locks, twists, Bantu knots and other formations.” It will now proceed to the senate and, if passed, Governor Charlie Baker’s desk for signature. Here is some background on the bill and advice on steps employers will need to take if it’s signed into law.

Lead-up to legislation

In 2017, a Massachusetts charter school was accused of punishing two black students for wearing extensions, which officials claimed violated their dress code policy. The students and their parents took issue with the policy, and Attorney General Maura Healey agreed. She intervened and ordered the school to repeal the policy because it appeared to violate race discrimination laws.

Although the specific dress code policy was removed in one school, it was clear incidents like it weren’t an anomaly. In 2019, California became the first state to pass legislation banning race discrimination based on hairstyle. Since the “CROWN Act” (Create a Respectful and Open World for Natural Hair) became law, other states have adopted similar legislation, and there has been some talk of the Biden administration asking Congress to pass a version on the federal level.