Hair Texture Discrimination: The Texas CROWN Act (HB 567)

On May 27, 2023, Governor Greg Abbott signed into law H.B. No. 567, better known as the Texas CROWN Act. The CROWN Act amends the Texas Education, Labor, and Property Codes by adding provisions prohibiting discrimination "against a hair texture or protective hairstyle commonly or historically associated with race."

The Act states that "protective hairstyle" includes "braids, locks, and twists," but that is not an exhaustive list and certainly creates the likelihood that the Texas Courts of Appeals will have to expound on the short and simple list provided by the Legislature.  

Sections 1 and 2 of the Act prohibit school districts and institutions of higher education from adopting dress codes or grooming policies targeting hair textures or protective styles. An "institution of higher education" means any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in §61.003 of the Education Code.

Section 3 of the Act prohibits employers, labor unions, and employment agencies from adopting or enforcing dress codes or grooming policies targeting hair textures or protective styles. This provision of the Act unambiguously states that employment discrimination "because of race or on the basis of race" includes discrimination "because of or on the basis of an employee's hair texture or protective hairstyle[.]" Consequently, proving hair texture discrimination under Chapter 21 of the Labor Code implicates the McDonnell Douglas burden-shifting required in other race-based employment discrimination claims.

Section 4 of the Act amends the Texas Fair Housing Act in the same manner Section 3 amends the Labor Code. The Texas Fair Housing Act bans race-based discrimination in the sale or rental, advertisement, or availability for inspection of property. The Texas Fair Housing Act also prohibits race-based discrimination in the provision of brokerage and other real estate related transactional services.

The Texas CROWN Act does not take effect until September 1, 2023. In order to have an unlawful employment or housing practice claim under the Act, the alleged discrimination will have had to happen on or after September 1, 2023.