On November 25, 2025, Pennsylvania Governor Josh Shapiro signed House Bill 439 into law, also known as the Creating a Respectful and Open World for Natural Hair (CROWN) Act, amending the Pennsylvania Human Relations Act (PHRA). Effective January 24, 2026, the law prohibits discrimination based on hair texture, protective hairstyles, and religious head coverings and hairstyles historically associated with religious creeds.

Pennsylvania becomes the 28^th state to pass a version of the CROWN Act. The law applies to all Pennsylvania employers with four or more employees within the Commonwealth.

I. Key Changes Affecting Employers

The CROWN Act amends the PHRA’s definitions:

• “Race” now includes traits historically associated with an individual’s race, specifically hair texture and protective hairstyles. “Protective hairstyles” include, but are not limited to, locs, braids, twists, coils, Bantu knots, afros, and extensions.
• “Religious Creed” now includes head coverings and hairstyles historically associated with religious creeds.

Discrimination based on these characteristics – including hiring, promotion, discipline, or creating hostile work environments – is now expressly illegal under Pennsylvania law.

II. Permitted Exceptions (The Four-Part Test)

The CROWN Act does not prohibit an employer from adopting or enforcing an otherwise valid workplace health and safety rule, or other rule or policy justified as a bona fide occupational qualification (BFOQ). However, if such a rule or policy impacts traits historically associated with an individual’s race or religious creed, the employer bears the burden of demonstrating all four of the following conditions:

1. Impaired Safety: Without the rule, the health or safety of an employee or other materially connected person may be impaired.
2. Nondiscriminatory Reason: The rule or policy is adopted for nondiscriminatory reasons.
3. Specific Tailoring: The rule or policy is specifically tailored to the applicable position and activity.
4. Equal Application: The rule or policy is applied equally to all individuals whose positions fall under the applicable position and activity.

Furthermore, the law does not prohibit an employer from adopting and enforcing an otherwise valid workplace policy to prevent a hostile work environment, provided the policy is adopted for nondiscriminatory reasons and is applied equally.

III. Compliance Requirements

Employers should immediately review employee handbooks, dress codes, grooming policies, and appearance standards. Any language that restricts, prohibits, or discourages traits historically associated with an employee’s race, including hair texture and protective hairstyles, and religious head coverings, should be removed unless it meets the exception criteria.

Employers should also update their anti-discrimination training to specifically address the CROWN Act and clarify that hair texture, protective styles, and religious headwear are protected characteristics.

Barley Snyder will continue to monitor developments as they occur. If you have any questions regarding the CROWN Act, please reach out to attorney Michael Crocenzi or any member of the Barley Snyder Employment Practice Group.