CROWN Act of 2021

II 117TH CONGRESS 1ST SESSION S. 888 To prohibit discrimination based on an individual’s texture or style of hair. IN THE SENATE OF THE UNITED STATES MARCH 22, 2021 Mr. BOOKER (for himself, Ms. HIRONO, Mr. BROWN, Mr. COONS, Ms. WAR- REN, Mr. MARKEY, Ms. BALDWIN, Ms. SMITH, Mr. MURPHY, Mr. PADILLA, Mr. VAN HOLLEN, Mr. DURBIN, Ms. STABENOW, Mr. CARDIN, Mr. BLUMENTHAL, Mr. MENENDEZ, Ms. DUCKWORTH, Mr. SANDERS, and Mr. WARNOCK) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit discrimination based on an individual’s texture or style of hair. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Creating a Respectful 4 and Open World for Natural Hair Act of 2021’’ or the 5 ‘‘CROWN Act of 2021’’. 6 SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSE. 7 (a) FINDINGS.—Congress finds the following: 8 VerDate Sep 11 2014 00:56 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S888.IS S888 kjohnson on DSK79L0C42PROD with BILLS 2 •S 888 IS (1) Throughout United States history, society 1 has used (in conjunction with skin color) hair tex- 2 ture and hairstyle to classify individuals on the basis 3 of race. 4 (2) Like one’s skin color, one’s hair has served 5 as a basis of race and national origin discrimination. 6 (3) Racial and national origin discrimination 7 can and do occur because of longstanding racial and 8 national origin biases and stereotypes associated 9 with hair texture and style. 10 (4) For example, routinely, people of African 11 descent are deprived of educational and employment 12 opportunities because they are adorned with natural 13 or protective hairstyles in which hair is tightly coiled 14 or tightly curled, or worn in locs, cornrows, twists, 15 braids, Bantu knots, or Afros. 16 (5) Racial and national origin discrimination is 17 reflected in school and workplace policies and prac- 18 tices that bar natural or protective hairstyles com- 19 monly worn by people of African descent. 20 (6) For example, as recently as 2018, the 21 United States Armed Forces had grooming policies 22 that barred natural or protective hairstyles that 23 servicewomen of African descent commonly wear and 24 that described these hairstyles as ‘‘unkempt’’. 25 VerDate Sep 11 2014 00:56 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S888.IS S888 kjohnson on DSK79L0C42PROD with BILLS 3 •S 888 IS (7) In 2018, the United States Armed Forces 1 rescinded these policies and recognized that this de- 2 scription perpetuated derogatory racial stereotypes. 3 (8) The United States Armed Forces also rec- 4 ognized that prohibitions against natural or protec- 5 tive hairstyles that African-American servicewomen 6 are commonly adorned with are racially discrimina- 7 tory and bear no relationship to African-American 8 servicewomen’s occupational qualifications and their 9 ability to serve and protect the Nation. 10 (9) As a type of racial or national origin dis- 11 crimination, discrimination on the basis of natural 12 or protective hairstyles that people of African de- 13 scent are commonly adorned with violates existing 14 Federal law, including provisions of the Civil Rights 15 Act of 1964 (42 U.S.C. 2000a et seq.), section 1977 16 of the Revised Statutes (42 U.S.C. 1981), and the 17 Fair Housing Act (42 U.S.C. 3601 et seq.). How- 18 ever, some Federal courts have misinterpreted Fed- 19 eral civil rights law by narrowly interpreting the 20 meaning of race or national origin, and thereby per- 21 mitting, for example, employers to discriminate 22 against people of African descent who wear natural 23 or protective hairstyles even though the employment 24 VerDate Sep 11 2014 00:56 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S888.IS S888 kjohnson on DSK79L0C42PROD with BILLS 4 •S 888 IS policies involved are not related to workers’ ability to 1 perform their jobs. 2 (10) Applying this narrow interpretation of race 3 or national origin has resulted in a lack of Federal 4 civil rights protection for individuals who are dis- 5 criminated against on the basis of characteristics 6 that are commonly associated with race and national 7 origin. 8 (11) In 2019, State legislatures and municipal 9 bodies throughout the United States have introduced 10 and passed legislation that rejects certain Federal 11 courts’ restrictive interpretation of race and national 12 origin, and expressly classifies race and national ori- 13 gin discrimination as inclusive of discrimination on 14 the basis of natural or protective hairstyles com- 15 monly associated with race and national origin. 16 (b) SENSE OF CONGRESS.—It is the sense of Con- 17 gress that— 18 (1) the Federal Government should acknowl- 19 edge that individuals who have hair texture or wear 20 a hairstyle that is historically and contemporarily as- 21 sociated with African Americans or persons of Afri- 22 can descent systematically suffer harmful discrimi- 23 nation in schools, workplaces, and other contexts 24 VerDate Sep 11 2014 00:56 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S888.IS S888 kjohnson on DSK79L0C42PROD with BILLS 5 •S 888 IS based upon longstanding race and national origin 1 stereotypes and biases; 2 (2) a clear and comprehensive law should ad- 3 dress the systematic deprivation of educational, em- 4 ployment, and other opportunities on the basis of 5 hair texture and hairstyle that are commonly associ- 6 ated with race or national origin; 7 (3) clear, consistent, and enforceable legal 8 standards must be provided to redress the wide- 9 spread incidences of race and national origin dis- 10 crimination based upon hair texture and hairstyle in 11 schools, workplaces, housing, federally funded insti- 12 tutions, and other contexts; 13 (4) it is necessary to prevent educational, em- 14 ployment, and other decisions, practices, and policies 15 generated by or reflecting negative biases and 16 stereotypes related to race or national origin; 17 (5) the Federal Government must play a key 18 role in enforcing Federal civil rights laws in a way 19 that secures equal educational, employment, and 20 other opportunities for all individuals regardless of 21 their race or national origin; 22 (6) the Federal Government must play a central 23 role in enforcing the standards established under 24 this Act on behalf of individuals who suffer race or 25 VerDate Sep 11 2014 00:56 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S888.IS S888 kjohnson on DSK79L0C42PROD with BILLS 6 •S 888 IS national origin discrimination based upon hair tex- 1 ture and hairstyle; 2 (7) it is necessary to prohibit and provide rem- 3 edies for the harms suffered as a result of race or 4 national origin discrimination on the basis of hair 5 texture and hairstyle; and 6 (8) it is necessary to mandate that school, 7 workplace, and other applicable standards be applied 8 in a nondiscriminatory manner and to explicitly pro- 9 hibit the adoption or implementation of grooming re- 10 quirements that disproportionately impact people of 11 African descent. 12 (c) PURPOSE.—The purpose of this Act is to institute 13 definitions of race and national origin for Federal civil 14 rights laws that effectuate the comprehensive scope of pro- 15 tection Congress intended to be afforded by such laws and 16 Congress’ objective to eliminate race and national origin 17 discrimination in the United States. 18 SEC. 3. FEDERALLY ASSISTED PROGRAMS. 19 (a) IN GENERAL.—No individual in the United 20 States shall be excluded from participation in, be denied 21 the benefits of, or be subjected to discrimination under, 22 any program or activity receiving Federal financial assist- 23 ance, based on the individual’s hair texture or hairstyle, 24 if that hair texture or that hairstyle is commonly associ- 25 VerDate Sep 11 2014 00:56 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S888.IS S888 kjohnson on DSK79L0C42PROD with BILLS 7 •S 888 IS ated with a particular race or national origin (including 1 a hairstyle in which hair is tightly coiled or tightly curled, 2 locs, cornrows, twists, braids, Bantu knots, and Afros). 3 (b) ENFORCEMENT.—Subsection (a) shall be en- 4 forced in the same manner and by the same means, includ- 5 ing with the same jurisdiction, as if such subsection was 6 incorporated in title VI of the Civil Rights Act of 1964 7 (42 U.S.C. 2000d et seq.), and as if a violation of sub- 8 section (a) was treated as if it was a violation of section 9 601 of such Act (42 U.S.C. 2000d). 10 (c) DEFINITIONS.—In this section— 11 (1) the term ‘‘program or activity’’ has the 12 meaning given the term in section 606 of the Civil 13 Rights Act of 1964 (42 U.S.C. 2000d–4a); and 14 (2) the terms ‘‘race’’ and ‘‘national origin’’ 15 mean, respectively, ‘‘race’’ within the meaning of the 16 term in section 601 of that Act (42 U.S.C. 2000d) 17 and ‘‘national origin’’ within the meaning of the 18 term in that section 601. 19 SEC. 4. HOUSING PROGRAMS. 20 (a) IN GENERAL.—No person in the United States 21 shall be subjected to a discriminatory housing practice 22 based on the person’s hair texture or hairstyle, if that hair 23 texture or that hairstyle is commonly associated with a 24 particular race or national origin (including a hairstyle in 25 VerDate Sep 11 2014 00:56 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S888.IS S888 kjohnson on DSK79L0C42PROD with BILLS 8 •S 888 IS which hair is tightly coiled or tightly curled, locs, corn- 1 rows, twists, braids, Bantu knots, and Afros). 2 (b) ENFORCEMENT.—Subsection (a) shall be en- 3 forced in the same manner and by the same means, includ- 4 ing with the same jurisdiction, as if such subsection was 5 incorporated in the Fair Housing Act (42 U.S.C. 3601 6 et seq.), and as if a violation of subsection (a) was treated 7 as if it was a discriminatory housing practice. 8 (c) DEFINITION.—In this section— 9 (1) the terms ‘‘discriminatory housing practice’’ 10 and ‘‘person’’ have the meanings given the terms in 11 section 802 of the Fair Housing Act (42 U.S.C. 12 3602); and 13 (2) the terms ‘‘race’’ and ‘‘national origin’’ 14 mean, respectively, ‘‘race’’ within the meaning of the 15 term in section 804 of that Act (42 U.S.C. 3604) 16 and ‘‘national origin’’ within the meaning of the 17 term in that section 804. 18 SEC. 5. PUBLIC ACCOMMODATIONS. 19 (a) IN GENERAL.—No person in the United States 20 shall be subjected to a practice prohibited under section 21 201, 202, or 203 of the Civil Rights Act of 1964 (42 22 U.S.C. 2000a et seq.), based on the person’s hair texture 23 or hairstyle, if that hair texture or that hairstyle is com- 24 monly associated with a particular race or national origin 25 VerDate Sep 11 2014 00:56 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S888.IS S888 kjohnson on DSK79L0C42PROD with BILLS 9 •S 888 IS (including a hairstyle in which hair is tightly coiled or 1 tightly curled, locs, cornrows, twists, braids, Bantu knots, 2 and Afros). 3 (b) ENFORCEMENT.—Subsection (a) shall be en- 4 forced in the same manner and by the same means, includ- 5 ing with the same jurisdiction, as if such subsection was 6 incorporated in title II of the Civil Rights Act of 1964, 7 and as if a violation of subsection (a) was treated as if 8 it was a violation of section 201, 202, or 203, as appro- 9 priate, of such Act. 10 (c) DEFINITION.—In this section, the terms ‘‘race’’ 11 and ‘‘national origin’’ mean, respectively, ‘‘race’’ within 12 the meaning of the term in section 201 of that Act (42 13 U.S.C. 2000a) and ‘‘national origin’’ within the meaning 14 of the term in that section 201. 15 SEC. 6. EMPLOYMENT. 16 (a) PROHIBITION.—It shall be an unlawful employ- 17 ment practice for an employer, employment agency, labor 18 organization, or joint labor-management committee con- 19 trolling apprenticeship or other training or retraining (in- 20 cluding on-the-job training programs) to fail or refuse to 21 hire or to discharge any individual, or otherwise to dis- 22 criminate against an individual, based on the individual’s 23 hair texture or hairstyle, if that hair texture or that hair- 24 style is commonly associated with a particular race or na- 25 VerDate Sep 11 2014 00:56 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S888.IS S888 kjohnson on DSK79L0C42PROD with BILLS 10 •S 888 IS tional origin (including a hairstyle in which hair is tightly 1 coiled or tightly curled, locs, cornrows, twists, braids, 2 Bantu knots, and Afros). 3 (b) ENFORCEMENT.—Subsection (a) shall be en- 4 forced in the same manner and by the same means, includ- 5 ing with the same jurisdiction, as if such subsection was 6 incorporated in title VII of the Civil Rights Act of 1964 7 (42 U.S.C. 2000e et seq.), and as if a violation of sub- 8 section (a) was treated as if it was a violation of section 9 703 or 704, as appropriate, of such Act (42 U.S.C. 10 2000e–2, 2000e–3). 11 (c) DEFINITIONS.—In this section the terms ‘‘per- 12 son’’, ‘‘race’’, and ‘‘national origin’’ have the meanings 13 given the terms in section 701 of the Civil Rights Act of 14 1964 (42 U.S.C. 2000e). 15 SEC. 7. EQUAL RIGHTS UNDER THE LAW. 16 (a) IN GENERAL.—No person in the United States 17 shall be subjected to a practice prohibited under section 18 1977 of the Revised Statutes (42 U.S.C. 1981), based on 19 the person’s hair texture or hairstyle, if that hair texture 20 or that hairstyle is commonly associated with a particular 21 race or national origin (including a hairstyle in which hair 22 is tightly coiled or tightly curled, locs, cornrows, twists, 23 braids, Bantu knots, and Afros). 24 VerDate Sep 11 2014 00:56 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S888.IS S888 kjohnson on DSK79L0C42PROD with BILLS 11 •S 888 IS (b) ENFORCEMENT.—Subsection (a) shall be en- 1 forced in the same manner and by the same means, includ- 2 ing with the same jurisdiction, as if such subsection was 3 incorporated in section 1977 of the Revised Statutes, and 4 as if a violation of subsection (a) was treated as if it was 5 a violation of that section 1977. 6 SEC. 8. RULE OF CONSTRUCTION. 7 Nothing in this Act shall be construed to limit defini- 8 tions of race or national origin under the Civil Rights Act 9 of 1964 (42 U.S.C. 2000a et seq.), the Fair Housing Act 10 (42 U.S.C. 3601 et seq.), or section 1977 of the Revised 11 Statutes (42 U.S.C. 1981). 12 Æ VerDate Sep 11 2014 00:56 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S888.IS S888 kjohnson on [Text truncated for display. Full text available on Congress.gov.]