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EMPLOYER ALERT: Illinois Passes Amendment to End Hair-Related Race Discrimination

At the end of last week, the Illinois Senate approved an amendment to the Illinois Human Rights Act (“IHRA”) which will clarify the meaning of “race” discrimination under the law. The Illinois House had approved the amendment last month. Governor Pritzker will likely sign it into law soon.

Known as the “CROWN Act,” or the “Create a Respectful and Open Workplace for Natural Hair Act,” the amendment will update the definition of “race” under the IHRA to state: “‘Race’ includes traits associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists.”

Over a dozen states have passed similar legislation. The amendment also comes on the heels of a recent statement by the White House on March 15, 2022, wherein the current administration articulated its support of a bill pending before the House of Representatives similarly titled “Creating a Respectful and Open World for Natural Hair (CROWN) Act of 2022.”

While it remains to be seen what happens with such legislative efforts at the federal level, Illinois employers should take note of the CROWN Act at the state level now and review their policies and practices with legal counsel to ensure that they align with this upcoming law.

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