The Illinois CROWN Act: A Step Forward Against Racial Discrimination

CROWN Act

In recent years, there has been a growing awareness of the ways in which racial discrimination manifests itself in various aspects of life, including hair and personal appearance. The state of Illinois has taken a significant step towards addressing this issue by passing the Illinois CROWN Act. This groundbreaking legislation aims to eliminate hairstyle-based discrimination and provide recourse for those affected by it.

Racial Discrimination Based on Hairstyle

It’s crucial to recognize that racial discrimination doesn’t only occur in overt actions or speech, but also in subtle forms like discriminating against someone based on their hairstyle. This is particularly relevant for individuals with natural hair or hairstyles traditionally associated with their race or ethnicity. By addressing this issue, the Illinois CROWN Act is helping to create a more inclusive and equitable society.

The Illinois CROWN Act

The Illinois CROWN Act (Create a Respectful and Open World for Natural Hair) became effective in January 2023, making it illegal for employers, educational institutions, and housing providers to discriminate against individuals based on their hair texture or hairstyles associated with race. This includes protective styles like braids, twists, and locs. The CROWN Act is an extension of the Illinois Human Rights Act (IHRA), which already made racial discrimination illegal in the state.

Rights under the IHRA

The Illinois Human Rights Act (IHRA) prohibits discrimination based on race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service in connection with employment, real estate transactions, access to financial credit, and the availability of public accommodations. The addition of the CROWN Act further expands the scope of the IHRA to include hair-based discrimination, providing greater protection for individuals who may have experienced this form of bias.

Examples of Racial Discrimination Related to Hairstyle

Instances of racial discrimination related to hairstyle can vary widely. Here are a few examples of conduct prohibited by the CROWN Act:

1. Employment:
   • An employer refusing to hire or promote a qualified individual because they wear their hair in a natural or protective style.
   • An employer implementing a dress code or grooming policy that disproportionately targets employees of a certain race or ethnicity, such as requiring them to alter their natural hair.
   • An employee facing harassment or derogatory comments from colleagues or supervisors due to their hairstyle.
2. Education:
   • A school implementing dress code policies that disproportionately affect students of a certain race or ethnicity, such as banning specific hairstyles or requiring them to change their natural hair.
   • A student being disciplined or excluded from school events due to their hairstyle.
   • A student experiencing bullying or harassment from classmates or school staff because of their hair.
3. Housing:
   • A landlord denying housing opportunities or providing unequal terms to tenants based on their hairstyle.
   • A condominium or homeowners association implementing rules that target residents with certain hairstyles, such as prohibiting natural or protective styles in common areas.
4. Public Accommodations:
   • A restaurant or retail establishment refusing service to a customer because of their hairstyle.
   • A gym or fitness center implementing dress codes that prohibit certain hairstyles or requiring members to change their natural hair.
5. Sports and Extracurricular Activities:
   • A sports league or team implementing rules that ban certain hairstyles, resulting in the exclusion of athletes from participating based on their hair.
   • A school or community organization denying participation in extracurricular activities due to a student’s hairstyle.

If you believe you’ve experienced racial discrimination related to your hairstyle or any other form of discrimination covered under the IHRA, it’s essential to take action to protect your rights.

Remedies for Victims of Hairstyle Discrimination

If you have experienced racial discrimination related to your hairstyle or other protected characteristics, you may be entitled to various remedies under the IHRA, because of the CROWN Act. These remedies can help compensate for the harm you’ve experienced and discourage future discriminatory behavior. Some possible remedies include:

1. Compensatory Damages: These damages are designed to compensate you for any financial losses or emotional distress you’ve experienced as a result of the discrimination. Examples include lost wages, job reinstatement, and compensation for pain and suffering.
2. Punitive Damages: In cases where the discriminatory behavior was particularly egregious, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.
3. Injunctive Relief: In some cases, a court may order the responsible party to take specific actions, such as changing discriminatory policies or providing equal treatment to individuals affected by the discrimination.
4. Attorney’s Fees and Costs: If your case is successful, you may be able to recover attorney’s fees and other costs associated with pursuing your claim.

Filing a Charge and Seeking Legal Assistance

Victims of racial discrimination based on hairstyle or other protected characteristics are protected by the CROWN Act and can file a charge with the Illinois Department of Human Rights within 300 days of the alleged discriminatory incident. Before filing a charge, it is highly recommended that you consult with an experienced attorney who specializes in discrimination cases. This will help ensure that your rights are protected and that you have the best possible chance of achieving a favorable outcome.

Benefits of Hiring an Attorney to Handle Your Hairstyle Discrimination Case

While it’s possible to pursue a claim under the IHRA on your own, there are numerous benefits to hiring an experienced attorney to represent you in your hairstyle discrimination case:

1. Expert Knowledge: A skilled attorney will be well-versed in the nuances of the IHRA, the CROWN Act, and other relevant laws. They can help you understand your rights, identify possible legal strategies, and ensure that your claim is filed correctly and within the required timeframe.
2. Negotiation Skills: Discrimination cases often involve negotiating with the responsible party or their representatives. An attorney can leverage their experience and expertise to negotiate on your behalf, helping you secure the best possible outcome.
3. Court Representation: If your case proceeds to court, an attorney can represent your interests effectively and persuasively, increasing your chances of success.
4. Peace of Mind: Navigating the legal process can be complex and emotionally draining. By enlisting the help of an attorney, you can focus on healing while they handle the legal aspects of your case.

To schedule a free consultation with a knowledgeable attorney, visit our website at Randolph & Holloway. Our team is dedicated to fighting for your rights and ensuring that you receive the justice you deserve. Together, we can work towards eradicating racial discrimination related to hairstyles and promoting a more inclusive environment for everyone in Illinois.