Key Points

• Expanded discrimination protections. The Pennsylvania CROWN Act amendment clarifies that “race” includes hair texture and protective hairstyles (locs, braids, twists, afros etc.), and “religious creed” includes associated head coverings and hairstyles.
• Strict requirements for hair-related workplace rules. Employers can only enforce policies impacting protected hairstyles or head coverings if they demonstrate the rule is necessary for health/safety, nondiscriminatory, specifically tailored to the role and applied equally.
• Action needed before Jan. 24, 2026. Employers should review grooming and dress code policies, train managers and audit practices to ensure compliance before the effective date.

Employers should review their grooming and dress code policies in light of Pennsylvania’s recent adoption of a CROWN Act, “Creating a Respectful and Open World for Natural Hair,” through an amendment to the Pennsylvania Human Relations Act (PHRA). The new law, signed by Gov. Josh Shapiro on Nov. 25, 2025, clarifies that “race” includes traits historically associated with race — explicitly including hair texture and protective hairstyles — and that “religious creed” includes head coverings and hairstyles historically associated with religious practice.

Pennsylvania joins 27 states, Philadelphia, Pittsburgh and Washington, D.C, with similar laws prohibiting discrimination on this basis. The amendment also establishes narrow, criteria-based carve-outs permitting employers to enforce otherwise valid workplace health and safety rules, bona fide occupational qualifications, and anti-harassment policies where they impact these protected traits, provided strict conditions are met.

What Are the Key Changes to the PHRA Definitions?

The PHRA amendment expands the Act’s definitions section as follows:

• Race. The term “race” now includes traits historically associated with an individual’s race, including hair texture and protective hairstyles. The law defines “protective hairstyle” to include, but not be limited to, locs, braids, twists, coils, Bantu knots, afros and extensions.
• Religious creed. The term “religious creed” now includes historically associated head coverings and hairstyles.

These updated definitions align Pennsylvania with the growing number of jurisdictions adopting CROWN Act–style protections, making clear that “hair discrimination” —workplace discrimination based on natural hair, protective hairstyles, and religious head coverings or hairstyles — is prohibited under the PHRA.

When Can Employers Restrict Hairstyles?

Employers may adopt and enforce otherwise valid workplace rules that impact protected hair or head coverings only if they satisfy stringent requirements. For example, health and safety rules or bona fide occupational qualifications may support an exception. If a workplace rule or policy impacts traits historically associated with race or religious creed, the employer must demonstrate all of the following:

• Without the rule or policy, the health or safety of an employee or materially connected person may be impaired.
• The rule or policy is adopted for nondiscriminatory reasons.
• The rule or policy is specifically tailored to the applicable position and activity.
• The rule or policy is applied equally to individuals whose positions fall under the applicable position and activity.

These provisions place the burden squarely on the employer to justify any policy that limits protected hairstyles or head coverings and to show both narrow tailoring and consistent, equal application.

What Are the Practical Implications for Employers?

Pennsylvania employers should promptly review their policies and practices. Any rules that directly or indirectly restrict locs, braids, twists, coils, Bantu knots, afros, extensions, or religious head coverings and hairstyles carry heightened legal risk unless they meet the amendment’s specific criteria. Common friction points include blanket grooming standards, “neat and professional” appearance policies applied subjectively, inflexible uniform or headgear rules, and PPE requirements that could be achieved through less restrictive alternatives.

Employers should be prepared to articulate and document the safety rationale (where applicable), identify the specific positions and activities to which a restriction applies, evaluate feasible alternatives or accommodations (for example, alternative PPE or securement methods that allow for protected hairstyles or head coverings), and maintain records demonstrating equal application across similarly situated roles. Policies aimed at maintaining workplace civility or preventing harassment must be carefully drafted and enforced to target behavior — not protected traits — and must reflect clear, nondiscriminatory purposes.

What Should Pennsylvania Employers Do Next?

Employers operating in Pennsylvania should consider the following steps ahead of the law’s effective date:

• Review and update grooming, dress code, uniform, PPE and safety policies to remove restrictions that directly or indirectly target protected hairstyles or religious head coverings, unless a carve-out applies.
• Conduct a role-by-role assessment to determine whether any hair or head covering restrictions are necessary for specific positions and activities and document the rationale.
• Review anti-harassment and workplace conduct policies to ensure they clearly prohibit conduct directed at protected hairstyles or religious head coverings and emphasize content-neutral, nondiscriminatory enforcement.
• Train managers, supervisors, recruiters, and security or safety personnel on the updated legal definitions, the narrow scope of permissible restrictions and the importance of consistent enforcement.
• Update accommodation procedures to evaluate alternative PPE or safe securement methods and to ensure prompt, individualized consideration of requests related to protected hairstyles or religious head coverings.
• Audit disciplinary and appearance-related outcomes to confirm equal application across similarly situated employees and to identify and remediate any disparate impacts.

When Does the Act Take Effect?

While the Pennsylvania Human Relations Act already provided for these protections under its regulations, the amendment of the statute provides unambiguous clarity that this is the law in Pennsylvania. The amendment will take effect on January 24, 2026. Employers should target compliance well in advance of that date to allow for policy updates, training and implementation.

If you have questions about revising policies or training or need assistance with role-specific risk assessments and documentation, please contact the author, Steven K. Ludwig, at 215.299.2164 or sludwig@foxrothschild.com, or any other member of the firm's Labor & Employment Department.

This information is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this alert should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this alert without seeking the advice of legal counsel. Views expressed are those of the author(s) and not necessarily this law firm or its clients. Prior results do not guarantee a similar outcome.