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Maine outlaws race-based hair discrimination

July 2022 employment law letter
Authors: 
Hannah Wurgaft, Brann & Isaacson

The Maine Legislature recently passed a new law prohibiting race discrimination based on hair texture or hairstyle. The law becomes effective on July 18, 2022, and it will apply to all employers and schools across the state of Maine. The law is an adoption of the Creating a Respectful and Open World for Natural Hair (CROWN) Act, a bill that has surfaced in many other states over the past few years.

What is the CROWN Act?

The new law stems from the CROWN Act, which was first passed by the California Legislature in 2019. Since then, over 16 states and 30 major cities have enacted their own versions of the CROWN Act, including New York, Maryland, and Connecticut, and cities such as Philadelphia, Pittsburgh, New Orleans, Milwaukee, Kansas City, and St. Louis. Maine passed this law in the last legislative session. This spring, the U.S. House of Representatives passed the CROWN Act with some bi-partisan support, but the bill faces an uphill battle in the Senate.

Maine law now explicitly outlaws discrimination based on hair textures and hairstyles that are commonly associated with race, including Afro hairstyles and protective hairstyles. Protective hairstyles are defined as “braids, twists, and locks.” The law seeks to remedy a long history of discrimination against African Americans, particularly women and children, based on their hair. As discussed before the Maine Legislature, “Black women with natural hair are often seen as less professional and less competent and are less likely to be referred for job interviews.”

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