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One to Keep An Eye On: HR 2116 (U.S. Congress)


As with many labor & employment law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Last Friday, the U.S. House of Representatives passed HR 2116, also known as the Creating a Respectful and Open World for Natural Hair Act of 2022 (the “CROWN Act”) with a 235 - 189 vote in favor of the legislation.  For those unfamiliar with this bill (or related bills that have previously been passed in cities and states), employers would be barred from discriminating against a worker on the basis of that worker’s hair texture or hairstyle, if that hair texture or hairstyle is commonly associated with a particular race or national origin.

Now remember, just because the legislation cleared the House, that does not necessarily mean it is going to become law.  First, the Senate must approve it, which is no sure thing.  After all, the legislation can be filibustered in the Senate.  With Democrats, the main supporter of this legislation, likely not having the 60 votes needed to break a filibuster, HR 2116’s passage in the Senate is far from certain.

Putting aside the potential filibuster issue, I am not sure there is an appetite in the upper chamber of Congress to pass this legislation in the midst of the Ukraine matter, high gas prices, surging inflation, etc. etc.  My guess is HR 211 will falter in the Senate and Democrats will give it another go in the next few legislative sessions.


For a copy of HR 2116:  https://www.congress.gov/bill/117th-congress/house-bill/2116/all-actions?overview=closed&q=%7B%22roll-call-vote%22%3A%22all%22%7D

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