By Evan Lange
Texas employers can generally set dress and grooming codes, but not discriminatory ones. Since September 1, 2023, the Texas CROWN Act (Labor Code § 21.1095) has made it illegal race discrimination for an employer to adopt or enforce a dress or grooming policy that discriminates against a hair texture or protective hairstyle commonly or historically associated with race, including braids, locks and twists. Employers with 15 or more employees must also accommodate religious dress and grooming, such as head coverings or beards, unless it causes undue hardship, and may need to accommodate disability-related needs. A discrimination charge generally must be filed within 180 days with the Texas Workforce Commission or 300 days with the EEOC.
“Your locs aren’t professional.” “Braids aren’t allowed on the sales floor.” “Cut your hair or you can’t start Monday.” For years, Black employees and job applicants in Houston heard versions of these comments with little legal recourse. Texas changed that in 2023. Here’s what an employer can and can’t require about how you look at work.
House Bill 567 added Section 21.1095 to the Texas Labor Code. It makes it an unlawful employment practice for an employer, labor union or employment agency to adopt or enforce a dress or grooming policy that discriminates against a hair texture or protective hairstyle commonly or historically associated with race. The law names braids, locks and twists as protective hairstyles.
The law applies to conduct on or after September 1, 2023. Learn more about race discrimination in Texas.
Under Title VII, employers with 15 or more employees must reasonably accommodate religious dress and grooming practices unless doing so causes undue hardship, which the Supreme Court has said means substantial increased costs. The Supreme Court has also held that an employer can’t refuse to hire an applicant to avoid accommodating a religious practice it suspects, such as a headscarf, even if the applicant never asked.
See religion in the workplace and our guide to religious discrimination.
Yes. Since September 1, 2023, the Texas CROWN Act makes it illegal race discrimination for an employer to adopt or enforce a dress or grooming policy that discriminates against a hair texture or protective hairstyle commonly or historically associated with race.
The law protects hair textures and protective hairstyles commonly or historically associated with race, and specifically names braids, locks and twists.
Yes. Employers can set dress and grooming codes, but they cannot apply them in a way that discriminates based on race, religion, sex, disability or another protected characteristic.
Employers with 15 or more employees must reasonably accommodate religious dress and grooming practices unless doing so would cause undue hardship, meaning substantial increased costs.
A charge generally must be filed within 180 days with the Texas Workforce Commission Civil Rights Division or within 300 days with the EEOC.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review your employer’s dress code, what was said and whether it was workplace discrimination.
Professional doesn’t mean one look.
In Texas, the law now says so.
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