On November 25, 2025, Pennsylvania amended the Pennsylvania Human Relations Act (PHRA) to prohibit employers from discriminating against individuals on the basis of traits historically associated with race or religious creed, such as hairstyles and head coverings. The amendment took effect on January 24, 2026. Such legislation has gained popularity in recent years and is commonly referred to as Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act legislation.
AMENDMENT OVERVIEW
The PHRA prohibits employers with four or more employees from refusing to hire, discharging or discriminating against an individual with respect to terms and conditions of employment on the basis of a protected trait (including race and religious creed).
The amendment expands the definition of “race” to include traits historically associated with race, including but not limited to hair texture and protected hairstyles (e.g., locs, braids, twists, coils, Bantu knots, afros and extensions). The amendment also expands the definition of “religious creed” to include head coverings and hairstyles historically associated with religious creeds.
However, employers may adopt or enforce otherwise valid workplace health and safety rules or policies justified as bona fide occupational qualifications or policies to prevent a hostile work environment if such policies are nondiscriminatory, necessary, narrowly tailored and applied equally.
NEXT STEPS FOR EMPLOYERS
Prior to the amendment, the Pennsylvania Human Relations Commission already had included protections against discrimination against individuals on the basis of hair texture and protective hairstyles associated with race in agency guidance. Therefore, covered Pennsylvania employers should already be in compliance with the amendment’s updated definition of race. However, employers may consider reviewing employment policies to ensure they do not discriminate on the basis of traits historically associated with either race or religious creed.
Tammy Toman, JD, PHR, SHRM-CP, is the vice president and employment counsel at The MBA. Contact her at 814/833-3200, 800/815-2660 or ttoman@mbausa.org.
