The U.S. House of Representatives passed H.R. 2116 (the “Bill”) last Friday in a 259-189 party-line vote. The Bill, also called the “Creating a Respectful and Open World for Natural Hair” (“Crown”), would prohibit discrimination against natural hair textures and hairstyles in housing programs, federally assisted public accommodations, employment, and more.

Natural hair textures and hairstyles are those in which tightly coiled or tightly curled hair is worn in twists, braids, Bantu knots, locs, cornrows, or Afros, among other protective styles. A recent study conducted by one of the Bill’s primary advocates, the Dove company, found that Black women are one-and-one-half (1.5) times more likely to face disciplinary action concerning the appearance of their hair in the workplace than their peers. Another study conducted by Duke University found that Black women with natural hairstyles are less likely to obtain job interviews than women without natural hairstyles, and the U.S. Army, in February 2021, modified its grooming regulations governing female servicemembers’ natural hairstyles after finding that its previous grooming standards were racially discriminatory.

Bill supporters argue that racial discrimination and inequality manifest in inflammatory reactions to a wide array of racially distinguishable phenotypic characteristics apart from the already-federally-protected skin color. Bill opponents contend that Congress has more pressing concerns to focus on in our current geopolitical climate—i.e., inflation and energy independence.

Should the Bill fare well in the Senate and eventually clear the President’s desk, existing antidiscrimination laws would be adjusted to include natural hairstyles and textures within the definition of “race.” The attorneys at Farhang & Medcoff (“F&M”) will continue to monitor this situation and provide updates as developments occur. If you have questions about how this Bill may impact your business, or any other legal queries, your trusted legal advisors at F&M are here to help.

This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.