The Legal Lookout

The Crown Act Becomes Law in Michigan  

Sept. 14, 2023

On June 15, 2023, Michigan became the 23rd state to enact the Creating a Respectful and Open World for Natural hair (CROWN) law. This bill amended the Elliot-Larsen Civil Rights Act to prohibit discrimination based on traits historically associated with race, such as hair texture and protective hairstyles such as braids, locks, and twists. The act was crafted to protect against discrimination in employment, educational opportunities, housing, and places of public accommodation. Unfortunately, many examples exist of discrimination against hair styles of different individuals across the nation. Michigan Senator Sarah Anthony was quoted at the bill-signing ceremony as saying, “Let’s call it what it is: hair discrimination is nothing more than thinly veiled racial discrimination.”[1] School districts will be wise to provide professional development for its employees on how to craft policies and procedures that effectively implement this law.  

Importantly, though, an old conundrum that has never been fully settled in the United States rears its head. That is the question as to whether hair style, color, etc. can be controlled through school handbook policies or if these policies violate students’ constitutional rights. Certain hairstyles and colors may be distracting to other students, which causes a disruption in the classroom and as we know from Tinker, school districts do retain the ability to establish policy or discipline students if there is a material disruption of the school environment. Making this situation challenging is that the U.S. Supreme Court has never weighed in on the issue leaving the decision to the circuit courts. The problem with this is that there has been little uniformity with these courts. Some declare that school districts have a legitimate interest in establishing these policies for teaching and maintaining order. Other courts side with students declaring that school hair policies violate their Constitutional right to free expression. While hairstyle in this category (not racially protected) remains unsettled, school districts should remain very careful about establishing constraints on hairstyle because the disruption it causes could be quite minimal in comparison to the legal exposure that is created by establishing such policies.

_{[1] Associated Press, Michigan Bans Hairstyle Discrimination in Workplaces and Schools, CBS Detroit. (June 15, 2023), https://www.cbsnews.com/detroit/news/michigan-bans-hairstyle-discrimination-in-workplaces-and-schools-5/.}

This article is the author’s opinion and is not legal advice. As always, consult with your attorney on specific legal issues.